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UC-NRLF 


BRARY 


LAWS  OF  MICHIGAN  RELATING 
TO  WOMEN 


LANSING,  MICHIGAN 

STATE  PRINTER 

1916 


MICHIGAN    STATE    LIBRARY. 

LEGISLATIVE  REFERENCE  DEPARTMENT. 


l.k^'&  OF  MICHIGAN  RELATING 
TO  WOMEN 


LANSING,  MICHIGAN 

STATE  PRINTER 

1916 


/-jQis-srf. 


EXCHAN'5^ 


TREFACE. 

This  bulletin  has  been  compiled  bv  Mr.  Charles  W.  Bradi-ick  of  the 
Legislative  Refeieuoe  Department,  who  has  accomplished  the  difficult 
task  in  a  most  complete  and  satisfactory  manner.  Its  purpose  is  to  meet 
an  ever-growing  demand  for  a  publication  setting  forth  the  rights,  privi- 
leges, duties  and  disabilities  of  women  under  the  constitution  and  the 
statutes  of  Michigan,  particularly  wherein  they  diifer  frctni  those  en- 
joyed by  or  imposed  upon  men.  Although  it  purports  to  include  only  the 
laws  relating  to  women,  in  some  cases  (as,  for  exami)le,  the  chapter  on 
Descent  and  Distribution),  for  the  sake  of  completeness  and  usefulness, 
the  provisions  of  the  statutes  are  given  in  full. 

Most  of  the  sections  herein  contained  are  taken  verbatim  or  in  sub- 
stance from  the  statutes.  In  some  instances,  where  the  statutes  are  silent 
or  where  the  law  is  stated  in  more  general  terms,  it  has  been  deemed 
advisable  to  incorporate  extracts  from  the  reports  of  cases  decided  by 
the  Supreme  Court  of  this  ^^tate.  The  purpose  and  the  nature  of  this 
bulletin  preclude  greater  amplitude  or  a  more  detailed  statement  of  the 
law. 

The  folloAving  is  a  list  of  abbreviations  used: 

C.  L.    Comi.iled  Laws  of  Michigan,  1897. 

How.    Howell's  Annotated  Statutes  of  Michigan.  2nd  Edition.  1913. 

P.  A.  Public  Acts  of  Michigan,  followed  by  the  number  of  the  act  and 
the  year  of  enactment. 

Const.     Constitution  of  Michigan,  1909. 

MARY  C.  SPENCER, 

State  Librarian. 


677388 


TABLE  OF  (M)NTi:XTS. 

Chaptei-  Section 

I.     Citizensliip  mid  natni-alization    1 

II.     Siirti-;t<;e  7 

III.     Eligibility  to  hold  office   15 

rV.     Marriage 17 

V.     J  )ivoi-(e    28 

YI.     Rights  and  liabilities  of  nianied  women 19 

YU.     Dower 8(1 

VIII.     Partition   Ill 

IX.     Descent  and  distiibnfion    120 

X.     Wills 1:^1 

XI.     Settlement  of  estates 1->1 

XII.     Exemptions   110 

XIII.  Witnesses    ; 150 

XIV.  Desertion    152 

XV.     Penal  and  reformatoiy  institntions  157 

XVI.     Offenses  by  and  against  women  and  giils 171 

XVII.     Emph)yment  of  women  and  chiUIren 207 

XVIII.     Protection  in  other  cases   218 

XIX.     Women's  cinbs  and  societies   238 

XX.     Miscellaneons  252 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN. 


CHAPTER  I.  •'  •  •=•    '•'  • 

CITIZENSHIP  AND  NATURALIZATIO^^i    ;  ^>V  '\{  I /\ 

CITIZENSHIP   AND    NATURALIZATION   OF    UNMARRIED    W0:MEN. 

1.  The  general  laws  and  regulations  of  the  United  States,  relative  to 
citizenship  and  naturalization,  apply  to  unmarried  women.  Xaturalizia- 
tion  papers  may  be  legally  filed  by  any  unmarried  woman  who  is  other- 
wise qualified,  or  the  widow  of  a  foreign-born  person  not  naturalized, 
but  not  by  a  woman  during  the  existence  of  the  marital  relation  (except 
as  pro\aded  in  Section  5,  infra).  (Naturalization  Regulations,  Dept. 
of  Labor,  24   (e),  August  20,  1913.) 

CITIZENSHIP   OF    MARRIED    WOMEN. 

2.  A  woman  upon  marriage  takes  the  nationality  of  her  husband, 
and  any  woman  who  is  now  or  may  hereafter  be  married  to  a  citizen  of 
the  United  States,  and  who  might  herself  be  la^vi'ully  naturalized,  shall 
be  deemed  a  citizen.    (U.  S.  Rev.  Stat.  Sec.  1994.) 

CITIZENSHIP  OF   AMERICAN    WOMEN   MARRYING    FOREIGNERS. 

3.  Any  American  woman  who  marries  a  foreigner  shall  take  the  na- 
tionality of  her  husband.  At  the  termination  of  the  marital  relaticm, 
she  may  resume  her  American  citizenship,  if  abroad,  by  registering  as 
an  American  citizen  within  one  year  with  a  consul  of  the  United  States, 
f)r  by  returning  to  reside  in  the  United  States,  or,  if  residing  in  the 
United  States  at  the  termination  of  the  marital  relation,  bv  continuing 
to  reside  therein.    (34  U.  S.  Stat.  1228.) 

CITIZENSHIP    OF   FOREIGN    WOMEN    MARRYING   CITIZENS. 

4.  Any  foreign  woman  who  acquires  American  citizenship  by  mar- 
riage to  an  American  shall  be  assumed  to  retain  the  same  after  the 
temiination  of  the  marital  relation,  if  she  continue  to  reside  in  the  United 
States,  unless  she  makes  formal  renunciation  thereof  before  a  court  hav- 
ing jurisdiction  to  naturalize  aliens;  or,  if  she  resides  abroad,  she  may 
retain  her  citizenship  by  registering  as  such  before  a  United  States  con- 
sul within  one  vear  after  the  termination  of  such  marital  relation.  (34 
U.  S.  Stat.  1228.) 


S  MICHIGAN    STATE    LIBRARY. 

NATUR^VLIZATION    OF    WIl'K   AM)    AllXdK    CIIILUUKN    OF   ALIFN    Ui:(X).M  IX(;    INSANE 

AFTER  DECLAUATIOX   OF   INTENTION    I'.EFORE    HEIN(;  ACTUALLY    NATUKAL- 

IZED     ONLY      WHEN      ^VIFE      MAKES      HOMESTEAD      ENTRY. 

5.  When  any  alien,  who  lias  declared  his  intention  to  become  a  citi- 
zen of  the  United  States,  heconies  insane  before  he  is  actnally  natural- 
ized, and  liis  wife  sliall  thereafter  make  a  homestead  entry  under  the 
land  laws  of  the  United  States,  she  and  their  minor  children  may,  by 
com]>lyin<i'  with  the  other  provisions  of  the  naturalization  laws,  be 
naturalized  without  any  declaration  of  intention,    (36  U.  S.  Stat.  920.) 

NATURALIZATION    .O;}'-    WIDOW    AND    MINOR    CHILDREN    OP    ALIEN    DYING    AFTER 
.I>E£:LARATiON*  OP- INTENTION   BEFORE  BEING    ACTUALLY    NATURALIZED. 

(;.  \Yhen  any  .a-li(^n 'who  has  declared  his  intention  to  become  a  citi- 
zen of  the  United  States  dies  before  he  is  actually  naturalized,  the  widow 
and  minor  children  of  such  alien  may,  by  complying  with  the  other  pro- 
visions of  the  naturalization  laws,  be  naturalized  without  raakino-  anv 
declaration  of  intention.  (34  U.  S.  Stat.  598.) 


CHAPTER  II. 
SUFFRAGE. 

SUFFRAGE  AT  GENERAL  ELECTIONS. 

7.  Uomplete  suffrage  at  general  elections  can  be  granted  to  women 
only  by  an  amendment  to  the  Constitution.  The  constitution  grants  the 
right  to  vote  'in  all  elections"  to  ''every  male  inhabitant  of  this  state, 
being  a  citizen  of  the  United  States,"  etc.  The  legislature  cannot  enlarge 
classes  who  may  vote  at  citv  and  village  elections  to  include  women. 
(Const.  Art.  Ill,  Sec.  1;  Coffin  v.  Election  Coin'rs,  97  Mich.  188.) 

However,  school  elections  are  not  included  in  the  meaning  of  the  term 
"all  elections"'  under  the  foregoing  section  of  the  Constitution.  (Burton 
V.  Koch,  184  Mich.  250.) 

WOMEN    HAVING   PROPERTY    ASSESSED   FOR    TAXES    MAY   VOTE    ON   PROPOSITIONS 

SUBMITTED   INVOLVING   DIRECT   EXPENDITURE  OF   PUBLIC 

MONEY"    OR   THE   ISSUE    OF    BONDS. 

8.  Whenever  any  question  is  submitted  to  a  vote  of  the  electors  which 
involves  the  direct  expenditure  of  public  money  or  the  issue  of  bonds, 
every  woman  having  the  qualifications  of  male  electors  (i.  e.,  citizen  of 
the  United  States,  twenty-one  years  of  age,  and  a  resident  of  the  state  for 
six  months,  and  in  the  township  or  ward  twenty  days,  next  preceding 
such  election)  who  has  property  assessed  for  taxes  in  any  part  of  the 
district  or  territory  to  be  affected  by  the  result  of  such  election,  shall 
be  entitled  to  vote  thereon.  (Const.  Art.  Ill,  Sec.  4;  How.  335;  Sec.  1, 
P.  A.  206,  1909.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  9 

WOMEN    TAXPAYERS    MAY    VOTE    ON    PROPOSITIONS    FOR    ACQUISITION    BY    CITY 

OR    VILLAGE   OF    PUBLIC    UTILITY   OR   GRANT    OF   PUBLIC 

UTILITY  franchise:  NOT  REVOCABLE. 

9.  No  city  or  village  shall  have  the  power  to  abridge  the  right  of 

elective  franchise Nor  shall  any  city  or  village  acqnire  any  pnblic 

utility  or  grant  any  i>nblic  franchise  which  is  not  subject  to  revocation 
at  the  will  of  the  city  or  village,  nnless  snch  proposition  shall  have  first 
received  the  affli'niative  vote  of  three-fifths  of  the  electors  of  snch  city 
or  village  voting  thereon  at  a  regular  or  special  municipal  election;  and 
upon  such  proposition,  women  taxpayers  having  the  qualifications  of 
male  electors  shall  be  entitled  to  vote.    (Const.  Art.  VllI,  Sec.  25.) 

SCHOOL    ELECTIONS WHEN    REGISTRATION    NECESSARY. 

10.  In  all  school  elections  including  school  elections  held  in  districts 
organized  and  governed  in  whole  or  in  part  by  a  local  act  or  acts,  any 
])rovisions  in  such  local  act  or  acts  to  the  contrary  notwithstanding, 
every  citizen  of  the  United  States  of  the  age  of  twenty-one  years,  male 
or  female,  Avho  owns  property  which  is  assessed  for  school  taxes  in  the 
district,  or  who  is  the  parent  or  legal  guardian  of  any  child  of  school 
age  included  in  the  school  census  of  said  district,  and  who  has  resided 
in  said  district  three  months  next  preceding  such  election,  shall  be  a 
qualified  voter.  On  the  question  of  voting  school  taxes,  every  citizen  of 
tlie  United  Stales  of  the  age  of  twenty-one  years,  male  or  female,  who 
owns  property  which  is  assessed  for  school  taxes  in  the  district,  and 
who  has  resided  in  the  district  as  above  stated,  shall  be  a  qualified 
voter:  Proridcd,  That  the  purchaser  of  land  upon  a  land  contract, 
who  actually  pays  the  taxes  upon  such  land  and  resides  thereon,  may 
vote  upon  all  questions,  and  where  a  husband  and  wife  own  property 
jointly,  and  same  is  assessed  for  school  taxes  in  the  school  district,  each 
may,  if  otherwise  qualified,  vote  upon  all  questious,  including  the  ques- 
tion of  raising  money :  Provided,  Jiowever,  That  this  act  shall  not 
be  applicable  in  any  city  having  a  population  of  two  hundred  fifty 
thousand  or  over  which  comprises  a  single  school  district,  but  in  such 
city  all  male  electors  who  shall  possess  the  qualifications  specified  in  seC; 
tion  one,  article  three  of  the  constitution  of  this  State,  and  all  females 
who,  if  they  were  males,  would  be  qualified  electors,  shall  be  qualified 
voters  in  all  school  elections  in  such  city,  and  on  questions  of  voting 
school  taxes  therein;  and  such  electors,  male  and  female,  shall  be  regis- 
tered in  the  manner  provided  by  law  for  the  registration  of  male  electors 
in  any  such  city,  and  all  such  female  electors  shall  be  registered  in  a 
separater  register,  and  in  making  the  returns  of  such  elections  a  separate 
return  shall  be  made  of  the  votes  cast  by  women,  but  the  aggregate  vote 
returned  shall  include  the  votes  of  all  Avomen  electors,  it  being  the  intent 
of  this  act  that  the  qualifications  of  electors  qualified  to  vote  for  school 
inspectors  therein  shall  be  governed  bv  the  provisions  of  law  as  they  ex- 
isted prior  to  the  passage  of  Act  140",  P.  A.  1913.  (P.  A.  800,  1915;  C. 
L.  4602.)  See  also  sections  12  and  13,  infra,  as  to  registration  of  women 
voters  in  school  }>rimaries  and  elections. 


10  MICHIGAN    STATE    LIBRARY. 

i;i:«;isii;A'ri(t.\ — i-ok  xotim;  ox  i;xi'i:NinTruH  of  i'UBLio  money  or  issue  of 

RONDS  AT  OTHER   THAN    SCHOOL  EiLECTIONS. 

11.  It  shall  1)0  tlio  duty  of  every  board  of  reoistration.  upon  such  days 
as  boards  of  ref^istration  are  required  to  be  in  session,  to  register  the 
names  of  all  "women  Avho  will  be  entitled  to  vote  upon  any  question  in- 
volving- the  direct  ex])enditure  of  public  money  or  the  issue  of  bonds  at 
any  subsecpient  election.  No  woman  shall  be  registered  unless  she  makes 
personal  application  to  the  board  of  registration.  It  shall  be  unlawful 
for  said  boards  of  registration  to  register  any  woman  under  authority 
of  this  act,  unless  she  possesses  the  qualifications  prescribed  for  an  elec- 
tor in  section  one  of  article  three  of  the  constitution  and  has  property 
assessed  for  taxes:  Provided,  That  any  woman  who  jtossesses  the 
(pialitications  of  male  electors  and  OAvns  prcqterty  jointly  with  her  hus- 
band or  other  ])erson.  or  who  owns  property  on  contract,  and  pays  the 
taxes  thereon,  shall  be  entitled  to  register  and  shall  have  the  right  to 
vote  on  all  such  ])ropositions  as  are  referred  to  herein:  'Provided 
further.  That  in  all  school  elections  at  which  the  question  of  the 
direct  expenditure  of  public  money  or  the  issue  of  bonds  is  to  be  voted 
upon  women  shall  be  permitted  to  vote  without  registration  in  the  man- 
ner now  provided  in  the  general  school  law. 

It  shall  be  the  duty  of  the  various  village,  township  and  city  clerks 
to  procure  and  furnish  to  the  various  boards  of  registration  a  separate 
register  in  which  shall  be  written  the  names  of  all  women  entitled  to 
registration  under  authority  of  this  act. 

The  propositions  herein  referred  to  shall  be  printed  upon  ballots  which 
shall  not  contain  any  other  question  to  be  voted  upon  at  such  election. 
All  elections  at  which  women  vote  shall  be  conducted,  and  all  ballots 
shall  be  cast,  counted  and  canvassed,  in  the  manner  provided  by  existing 
law,  except  where  the  contrarv  is  herein  expressed.  (How.  336-8;  P.  A. 
20(>,  1009.) 

KEGISTKATIOX     OF    WOMEN    FOR    SCHOOL    PRIMARIES. 

12.  Women  who  are  entitled  to  vote  at  school  elections  ?hall  be  en- 
litled  t<»  enroll  at  the  same  times  and  places  and  in  the  same  manner, 
as  near  as  may  be,  in  which  the  male  electors  are  enrolled.  The  jn-oper 
election  oflficers  shall  cause  to  be  prepared  and  furnished  separate  enroll- 
ment books  for  the  enrollment  of  such  women  voters.  Such  women 
voters  shall  be  enrolled  in  such  sei)arate  books  under  their  full  names. 
\\'here  candidates  for  school  offices  are  to  be  nominated  at  such  primary 
election,  separate  ballots  containing  the  names  of  candidates  for  school 
(iffices  shall  be  prepared  for  the  use  of  the  voters,  and  Avomen  who  are 
enrolled  in  accordance  with  this  act  shall  have  the  right  to  vote  for  candi- 
<iates  for  school  offices  at  such  primary  election ;  the  results  of  such 
jtrimary  elections  shall  be  certified  by  the  proper  boards  of  canvassers 
to  the  ])ro]ier  f)fficials  within  ten  days  after  such  primary  election.  The 
provisions  of  the  general  i)rimarv  law  (P.  A.  281,  1000)  are  hereby  made 
a]q>licab1e.  except  as  the  contrarv  mav  be  herein  expressed.  (How.  504; 
P.  A.  1(;0.  1011.) 

REGISTRATION   IN   CERTAIN    CITY   SCHOOL  DISTRICTS. 

13.  City  school  districts  may,  by  voting  favorably  thereon,  come  under 
an  act  providing  for  division  of  such  city  school  districts  into  precincts. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  U 

ill  which  case  no  niii-egisteied  jjersou  may  vote  uiiles;^  such  person  has 
qnalified  under  oath  under  the  provisions  of  hiw  rejiuhitiiig-  elections  in 
cities.    (P.  A.  275,  1915.) 

rp:gistratiox  ok  women — summary. 

1-4.  The  general  laws  of  this  state  relating  to  the  registration  of 
women  voters  may  be  summarized  as  follows:  Registration  is  not  neces- 
sary for  voting  at  school  elections  (Section  10,  supra),  excepting  in  cities 
having  a  iiojiulation  of  more  than  two  hundred  fifty  thousand  (Section 
10,  supra)  and  in  city  school  districts  adopting  P.  A.  275,  1915  (Sec- 
lion  13.  su])ra).  Registration  is  necessary  for  voting  on  ])ropositions 
involving  the  exijenditure  of  public  money  or  the  issue  of  bonds,  except 
at  school  elections  (Section  11,  supra)  ;  for  voting  at  school  elections  in 
cities  having  a  population  of  more  than  two  hundred  fifty  thousand 
(Section  10,  supra)  ;  for  voting  at  school  primaries  (Section  12,  supra)  ; 
and  for  voting  in  city  school  districts  adopting  P.  A.  275,  1915  (Section 
13.  supra). 


CHAPTER  III. 
ELIGIBILITY  TO  HOLD  OFFICE. 

AVOiMEX   NOT  ELIGIBLE  FOR  ELPX'TIVE   OFFICE!  EXCEPT   IN   SCHOOL  DISTRICT. 

15.  (lenerally  speaking,  no  ])erson  exce])t  a  duly  qualified  elector  is 
eligible  to  any  elective  office.  While  a  Avomaii  may  be  admitted  to  prac- 
tice law  (How.  12538;  Sec.  52,  Chap.  1,  P.  A.  314.  1915).  she  cannot  hold 
the  office  of  prosecuting  attorney  (Attorney  General  v.  Abbott,  121  Mich. 
540).  Women  are  eligible  to  election  or  appointment  as  officers  of 
school  districts  by  virtue  of  a  favorable  construction  of  Section  1  of  Ar- 
ticle III  of  the  Constitution  and  a  statute  providing  that  any  qualified 
voter  in  a  school  district  whose  name  appears  upon  the  assessment  roll 
and  who  is  the  owner  in  his  or  her  own  right  of  the  pro]>erty  so  assessed 
shall  be  eligible  to  election  or  appointment  to  office  in  such  school  dis- 
trict. Where  a  husband  and  wife  own  ])roperty  jointly,  regardless  of  the 
name  which  appears  u])on  the  assessment  roll,  if  otherwise  qualified,  each 
is  eligible  to  such  election  or  appointment.  (How.  9890;  Sec.  4,  P.  A. 
83,  1909.) 

AITOIXTIVE   OFFICES. 

16.  In  addition  to  eligibility  for  appointment  to  offices  in  school  dis- 
tricts, statutes  provide  that  Avonien  who  have  attained  the  age  of  21 
years  may  be  a]»i>ointed  as  notaries  j)ul)Iic  (How.  1275;  i\  L.  2029),  that 
at  least  two  deputy  factory  inspectors  shall  be  women  (How.  4026;  Sec. 
18.  P.  A.  285,  1909).  and  that  women  may  be  appointed  as  members  of 
the  Board  of  Registration  of  Nurses  (How.  5175;  P.  A.  319.  1909). 

The  governor  may  ai)iioint  one  or  more  suitable  females  who  shall, 
in  behalf  of  the  State  Board  of  Corrections  and  Charities,  personally 
visit  and  inspect  state  and  county  public  institutions,  and,  especially, 


12  MICHIGAN    STATE    LIBRARY. 

investigate  the  })rovisions  made  for  women  and  cliildren.  Said  women 
receive  no  compensation  for  tlieir  time  and  services,  but  may  secure 
actual  traveling  exjienses.    (How.  15519;  C.  L.  2259.) 

The  Industrial  Home  for  Girls  is  under  the  supervision  of  a  board  of 
three  jiersons,  at  least  one  of  whom  must,  bv  law,  be  a  woman.  (How. 
15440;  C.  L.  2218.) 

The  laAv  ])rovides  that  in  the  following  named  institutions  of  this  state 
at  least  one  resident  woman  physician  shall  be  employed,  who,  under 
the  direction  of  the  superintendent  of  such  institution,  shall  render  such 
women  or  girls  as  are  inmates  such  medical  treatment  as  shall  from 
time  to  time  be  necessary;  The  Asylum  for  the  Insane  at  Kalamazoo, 
The  Asylum  for  the  Insane  at  Traverse  City,  the  Asylum  for  the  Insane 
at  Pontiac,  the  Asylum  for  the  Insane  at  Newberry,  the  Home  for  the 
Feeble-Minded  and  Epileptic  at  Lapeer,  and  all  institutions  of  like  nature 
which  may  be  hereafter  established :  and  that  in  the  following  institutions 
a  woman  })hysician  shall  be  employed,  who  shall  render  to  such  women 
and  girls  as  are  inmates  such  medical  treatment  and  services  as  may 
from  time  to  time  be  necessary;  the  Industrial  Home  for  Girls  at  Adrian, 
the  School  for  the  Deaf  at  Flint,  the  School  for  the  Blind  at  Lansing,  and 
all  institutions  of  like  nature  which  mav  be  hereafter  created.  (How. 
3887-8;  P.  A.  185,  1899,  as  amended  bv  P.  A.  85,  1901.) 


CHAPTER  IV. 
MARRIAGE. 

AGE   OP   PARTIES CONSENT   XECESSAUY. 

17.  Every  male  who  shall  have  attained  the  full  age  of  eighteen  years, 
and  every  female  who  shall  have  attained  the  full  age  of  sixteen  years, 
shall  be  capable  in  laAv  of  contracting  marriage,  if  otherwise  competent, 
but  no  license  for  the  marriage  of  a  female  under  the  age  of  eighteen 
years  shall  be  issued  without  the  written  consent  of  her  parent  or 
guardian  being  filed  with  the  county  clerk,  unless  such  female  has  no 
parent  or  guardian  living.  Marriage,  so  far  as  its  validity  is  concerned, 
is  a  civil  contract,  to  which  the  consent  of  parties  is  essential.  (Hoav. 
11428-24-39:  C.  L.  8588-89,  8604.) 

As  to  age  in  marriages  to  protect  reputation,  see  section  25,  infra. 

PROHmiTED   UEGREES   OF   RELATIONSHIP. 

18.  The  prohibited  degrees  of  relationship,  within  which  no  woman 
may  marry,  include  her  father,  grandfather,  son,  grandson,  stepfather, 
grandmother's  husl)and,  daughter's  husband,  granddaughter's  husband, 
husband's  father,  husband's  grandfather,  husband's  son,  husband's  grand- 
S(in.  and  her  brother,  brother's  son,  sister's  son,  fathers  brother,  mother's 
brother,  or  cousin  of  the  first  degree.  Marriages  are  prohibited  within 
the  degrees  named,  whether  the  parties  are  legitimate  or  illegitimate, 
or  of  the  whole  or  the  half  blood.  (How.  11420:  C.  L.  8591:  People  v. 
Jenness,  5  Mich.  318.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  13 

LEGAL   IMPEDIMENT SPOUSE    LIVING. 

10.  Xo  marriage  shall  be  contracted  whilst  either  of  the  parties  has 
a  former  wife  or  husband  living,  unless  the  marriage  with  such  former 
wife  or  husband  shall  have  been  dissolved.    (How.  11427;  C.  L.  8.592.) 

PHYSICAL   AND    MENTAL   COMPETENCY    OF   PARTIES. 

20.  No  jtersou  sliall  be  capable  of  coutractiiig  marriage  who  has  been 
atliicted  with  insanity,  epilepsy,  feeblemindedness,  imbecility,  idiocy  or 
loathsome  venereal  disease  and  has  not  been  cured  of  the  same.  No  li- 
cense for  the  marriage  of  a  party  who  has  been  confined  in  any  public 
institution  or  asylum  as  an  epileptic,  feeble-minded,  imbecile  or  insane 
patient  shall  be  issued  unless  the  application  therefor  is  accompanied 
by  a  verified  certificate  from  two  regularly  licensed  physicians  that  such 
person  has  been  completely  cured  of  such  affliction  and  that  there  is  no 
]>robability  that  such  person  will  transmit  any  of  such  defects  or  disa- 
bilities to  the  issue  of  such  marriage.  Violation  of  these  provisions  is 
constituted  a  felony  and  ]»unishable  as  such,  and  in  jjrosecutions  under 
this  act  a  husband  shall  be  examined  as  a  witness  against  his  wife,  and 
a  wife  sliall  be  examined  as  a  witness  against  her  husband,  whether 
such  husband  or  wife  consent  or  not.  Marriage  between  white  persons 
and  those  whollv  or  in  part  of  African  descent  is  permitted.  (How. 
11428;  P.  A.  1.36,  190.5.) 

MARRIAGE   LICENSE. 

21.  It  shall  be  necessarv  for  all  parties  intending  to  be  married  to 
obtain  a  marriage  license  from  the  county  clerk  of  the  county  in  which 
either  the  man  or  Avoman  resides,  and  to  deliver  the  said  license  to  the 
cleroyman  or  magistrate  who  is  to  officiate,  before  the  marriage  can  be 
performed.  If  both  parties  to  be  married  are  non-residents  of  the  state, 
it  shall  be  necessary  to  obtain  such  license  from  the  county  clerk  of  the 
county  in  which  the  marriage  is  to  be  performed.  Such  license  shall 
state  the  full  name,  age,  color,  place  of  residence.  ])lace  of  birth,  occu- 
]iatioii,  and,  if  known,  the  father's  name  and  mother's  maiden  name  of 
each  of  the  parties  to  be  married ;  the  number  of  times  either  of  the 
])arties  may  have  been  previously  married;  the  bride's  maiden  name, 
in  case  she  is  a  Avidow;  and  the  affidavit  of  the  applicant  as  to  the 
competency  of  the  parties  to  unite  in  the  bonds  of  matrimony.  (For  fe- 
males under  age  of  eighteen,  see  sec.  17,  supra.)  The  marriage 
license  and  returns  are  public  records;  they  are  open  to  inspection  for 
anv  laAvful  purpose  and  the  county  clerk  may  not  withhold  them.  (How. 
11487-8;  ('.  L.  8002-3;  Kalamazoo  Gazette  Co.  v.  Countv  Clerk,  148  Mich. 
460.) 

SOLEMNIZATION    OF    MARRIAGE. 


oo 


In  the  solemnization  of  marriage,  no  particular  form  shall  be  re- 
quired, except  that  the  parties  shall  solemnly  declare,  in  the  presence 
of  the  magistrate  or  clergyman  and  the  attending  witnesses,  that  they 
take  each  other  as  husband  and  wife,  and  in  every  case  there  shall  be 
at  least  two  witnesses,  besides  the  clergyman  or  magistrate  present  at 
the  ceremony.  ^Marriages  may  be  solemnized  by  any  justice  of  the  peace, 
judge  of  probate  or  judge  of  a  municipal  court,  in  their  respective  juris- 


l\  MICHIGAN    STATE    LIBRARY. 

dictions,  jiiul  h.v  any  regularly  ordained  or  authorized  minister  of  the 
gospel.  If  any  |)ers()n  shall  undertake  to  join  others  in  marriage,  know- 
ing thai  he  is  not  hiwfully  authorized  so  to  do,  or  knowing  of  any  legal 
impediment  to  the  proposed  marriage,  lie  shall  be  deemed  guilty  of  a 
misdemeanor.  W'liatevei'  is  in  the  way  of  a  valid  marriage  is  sueh  an 
impediment  as  the  statute  has  in  view  and  applies  to  a  marriage  where 
the  girl  is  under  the  age  of  consent.  Provisions  relative  to  the  manner 
of  solemnizing  marriage  shall  not  affect  marriages  among  the  people 
called  Friends  oi'  Quakers;  nor  marriage  among  people  of  any  particu- 
lar denomination  having,  as  such,  anv  peculiar  mode  of  solemnizing  mar- 
riages. (How.  11420-31-33-35;  C.  L.' 8594-96-08-8600 ;  Bouker  v.  People. 
37  Mich.  4.) 

MARRIAGKS   SOLEJIXIZED    IN    OTHER   STATES    AND   COUNTRIES. 

23.  As  to  marriages  solemnized  in  other  states  and  countries,  a  formal 
ceremony  of  marriage,  whether  in  due  form  or  not,  must  be  assumed  to 
be  by  consent,  and  therefore  prima  facie  a  contract  of  marriage  pef 
verha  de  pi'aesenti :  and  when  the  local  law  is  not  shown,  the  argument 
in  its  favor  is.  that  marriage  between  parties  capable  of  contracting  it 
is  of  common  right,  and  valid  by  a  common  law  in'evailing  throughout 
(Christendom.  Prima  facie,  a  good  marriage  is  shown  when  the  contict 
is  proved  with  cohabitation  following  it.  and  it  cannot  be  assumed  that 
there  are  regulations  resti-ictive  of  the  common  right  until  they  are 
shown.  When  the  parties  take  such  steps  abroad  to  constitute  a  mar- 
riage as  would  be  sufficient  under  our  laws,  afterwards  remove  to  this 
state,  and  continue  to  live  together  here  as  husband  and  wife,  recogniz- 
ing the  validity  and  binding  obligation  of  that  relation,  they  will  be 
deemed  to  be  legally  married.  A  duly  authorized  certificate  of  marriage 
celebrated  in  a  foreign  country  mav  be  received  in  evidence  here.  (Hut- 
chins  V.  Kimmell,  31  Mich.  126.) 

COMMON   LAW    MARRIAGE. 

24.  A  marriage  ceremony  is  not  essential  to  establish  the  relation  of 
husband  and  wife.  It  is  sufficient  if  a  man  and  a  woman,  of  due  compe- 
tency and  without  impediment,  consent  to  take  each  other  as  husband 
and  w  ife  and  cohabit  as  such.  Whatever  the  form  of  ceremony,  or  even 
if  all  ceremony  be  dis]>ensed  with,  if  the  parties  agree  presently  to  take 
each  other  for  husband  and  wife,  and  from  that  time  live  together  pro- 
fessedly in  that  relation,  this  will  be  sufficient  to  constitute  a  marriage 
binding  upon  the  parties,  and  will  subject  them  and  others  to  legal  penal- 
ties for  a  disregard  of  its  obligations.  But  an  agreement  to  live  to- 
getiier  as  man  and  wife,  each  i)arty  retaining  the  right  to  control  and 
dispose  of  his  or  her  property  without  (piestion  by  The  other,  al- 
though followed  bv  cohabitation,  was  held  not  to  constitute  marriage. 
(Peet  V.  Peet.  52  Mich.  467;  Hutchins  v.  Kimmell,  31  Mich.  130;  Clancy 
V.  Clancy.  66  Mich.  2(t2. ) 

MARRIAGE    TO    inurTECT    REiPUTATION' LICENSE    FOR.    AND    SOLEMNIZATION    OF, 

25.  The  judge  of  probate  of  each  county  in  the  state  shall  have  au- 
thority, and  it  shall  be  his  duty  to  issue,  without  ])ublicity,  a  marriage 
license  to  any  female  making  application  to  him.  under  oath,  contain- 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  15 

ing  a  statement  that  she  is  with  child,  which  if  born  alive  before  her 
marriage  will  become  a  bastard,  or  has  lived  with  a  man  and  has  been 
considered  as  his  wife,  or  for  other  good  reason,  expressed  in  snch  appli- 
cation and  deemed  to  be  snfficient  by  the  jndge  of  probate,  desires  to  keep 
the  exact  date  of  the  marriage  a  secret  in  order  to  protect  the  good  name 
of  herself  and  the  repntation  of  her  family.  Such  jndge  of  probate  shall 
Iiave  anthority  to  marry  i>ersons  nnder  marriageable  age,  where  the  fe- 
male is  with  child,  or  where  she  has  been  living  with  some  man  as  his  wife, 
in  cases  in  which  the  application  for  snch  license  is  accompanied  by  the 
written  reqnest  of  the  parents  of  both  i)arties,  if  living,  and  their 
gnardian  or  guardians  if  either  or  both  of  the  parents  are  dead,  or  by 
the  written  reqnest  of  the  parent  or  gnardian,  as  the  case  may  be,  of 
the  one  under  marriageable  age  now  fixed  by  the  statute,  when,  according 
to  his  own  judgment,  such  marriage  would  be  a  benefit  to  public  morals. 
(How.  11448;  P.  A.  232,  1899.) 

same;   WHEX   and   where   judge  to    file   papers — WHEN   RECORD 
OPEN   TO   INSPECTION. 

2G.  The  judge  of  probate  shall  file  a  complete  set  of  all  papers  in  each 
case  in  a  private  file,  and  shall  within  ten  days  after  the  marriage  for- 
ward the  duplicate  thereof  to  the  secretary  of  state,  Avho  shall  file  such 
duplicate  in  a  private  file  and  record  the  same  in  a  private  register.  Such 
file  in  the  probate  court,  and  the  duplicate  and  record  thereof  in  the 
office  of  the  secretary  of  state,  shall  be  open  to  inspection  only  upon  the 
written  order  of  the  judge  of  any  circuit  or  the  supreme  court  of  this 
state,  and  only  for  such  use  as  is  designated  in  such  order.  Such  order 
shall  be  made  only  upon  the  written  reqnest  of  the  person  or  persons 
who  were  so  married,  or  when  necessary  to  the  protection  of  property 
rights  arising  from  or  afl'ected  bv  such  marriage.  (V.  A.  232,  1899; 
How.  11450.) 

same;    PRIVILEGED   COMMUNICATION PENALTY    FOR  DISCLOSURE. 

27.  All  knowledge  of  any  facts  which  shall  come  to  the  judge  of  pro- 
bate or  the  secretary  of  state,  or  their  deputies  or  assistants,  the  phy- 
sicians indorsing  the  application,  or  the  witnesses  to  said  marriage  under 
the  license  issued  pui-suant  to  the  provisions  of  this  act,  shall  be  deemed 
to  be  privileged  communications.  Any  violation  of  confidence  by  the 
judge  of  probate,  secretary  of  state,  their  deputies  or  assistants,  the  phy- 
sician aforesaid,  or  the  witnesses  aforesaid,  shall  upon  conviction  thereof 
be  deemed  to  be  a  misdemeanor.  Any  editor,  publisher  or  proprietor  of 
any  newspaper  or  publication  within  this  state  giving  publicity  to  any 
license  or  marriage  held  under  the  provisions  of  this  act  shall  upon 
conviction  be  deemed  guilty  of  a  misdemeanor,  and  in  addition  thereto 
such  editor,  ])nblisher  or  proprietor  shall  be  liable  in  an  action  of  Jibel 
to  the  parties  married  imder  such  license.     (How.  11451;  C.  L.  8615.) 


10  MICHIGAN    STATE    LIBRARY. 


CHAPTER  V. 
DIVORCE. 

OAUSKS    FOR    DIVORCK    FROM    BONDS    OF    MATRIMONY. 

28.  A  (livoi'co  from  flip  bonds  of  matrimony  may  be  decreed  by  the 
circnit  conit  of  tlie  county  where  the  parties,  or  one  of  them,  reside  on 
llie  apjilicalion  of  the  aji^rieved   ]»arty  in  any   of  the  folloAving-  cases; 

A.     Wlienever  adultery  has  been  committed  by  any  husband  or  wife; 

R.  When  one  of  the  parties  Avas  physically  incompetent  at  the  time 
of  marria«ie ; 

C.  ^Vhen  one  of  the  parties  has  been  sentenced  to  imprisonment  in 
any  prison  for  three  years  or  more; 

D.  When  either  party  shall  desert  the  other  for  a  term  of  two  years; 

E.  When  the  husband  or  wife  shall  have  become  an  habitual  drunkard ; 

F.  In  the  discretion  of  the  court,  to  a  resident  of  this  state,  when 
other  ])artv  to  the  marriage  has  obtained  a  divorce  in  anv  other  state. 
(How.  11458;  C.  L.  8621.) 

CAUSES    FOR   DIVORCEi  FROM    BED   AND  BOARD. 

29.-  A  divorce  from  bed  and  board  forever,  or  for  a  limited  time,  may 
be  decreed  on  the  ground  of  extreme  cruelty,  whether  practiced  by  using 
personal  violence,  or  by  any  other  means;  or  for  utter  desertion  by  either 
of  the  parties  for  the  term  of  two  years;  and  a  like  divorce  may  be  de- 
creed on  the  complaint  of  the  wife  when  the  husband,  being  of  sufficient 
ability  to  ])rovide  a  suitable  maintenance  for  her,  shall  grossly  or  wan- 
tonly and  cruelly  refuse  or  neglect  so  to  do.    (How.  11459;  C.  L.  8022.) 

WHEN  ABSOLUTE  DIVORCE  MAY  BE  GRANTED  FOR  CAUSES  IN  PRECEDING  SECTION. 

30.  A  divorce  from  the  bonds  of  matrimony  may  he  decreed  for  any 
of  the  causes  mentioned  in  the  preceding  section  Avhenever,  in  the  opinion 
of  the  court,  the  circumstances  of  the  case  shall  be  such  that  it  will  be 
discreet  and  proper  so  to  do.  A  divorce  from  the  bonds  of  matrimony 
mav  be  gi-anted  even  though  the  bill  pravs  for  a  separation  only.  (How. 
luV.O;  V.  A.  324.  1907-  Sullivan  v.  Sullivan,  112  Mich.  G74.) 

.MARRIAGES    VOID    WITIIOIT    DIVORCE. 

31.  ^larriages  are  void  wilhout  decree  in  the  following  cases: 

A.  All  msirriages  which  are  prohibited  by  law  on  account  of  con- 
sanguinity or  affinity  between  the  parties,  or  on  account  of  either  of 
Ihem  having  a  former  wife  or  husband  then  living  and  not  divorced,  and 
all  marriages  solemnized  Avhen  either  of  the  parties  was  insane,  or  an 
idiot,  shall,  if  solemnized  within  this  state,  be  absolutely  void  without 
any  decree  of  divorce  or  other  process:  Provided,  That  t,he  issue 
of  such  marriage,  except  that  contracted  while  either  of  the  parties  there- 
to had  a  husband  or  wife  living,  shall  be  deemed  legitimate. 

B.  In  case  of  a  marriage  solemnized  when  either  of  the  parties  was 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  17 

under  tlic  age  of  legal  consent,  if  they  shall  separate  duiing  such  non- 
age and  not  cohabit  together  afterwards,  or  in  case  the  consent  of  one 
of  the  parties  was  obtained  by  fraud  or  force,  and  there  shall  have  been 
no  subsequent  voluntary  cohabitation  of  the  parties,  the  marriage  shall 
be  deemed  v(ud  without  any  decree  of  divorce  or  other  legal  process. 

C.  When  either  party  shall  be  sentenced  to  imprisonment  for  life  in 
any  j)rison.  the  marriage  shall  be  thereby  absolutely  dissolved  without 
any  decree  of  divorce  or  other  legal  process,  and  no  pardon  granted  to 
the  partv  so  sentenced  shall  restore  such  party  to  his  or  her  conjugal 
rights.     (How.  114534-7;.  C.  L,  8616-7-8620.) 

WHEN  srrr  may  be  brought  to  annul  or  affirm  marriage. 

32.  When  a  marriage  is  su])posed  to  be  void,  or  the  validity  thereof  is 
doubted,  suit  may  be  brought  to  annul  such  void  marriage,  and  when 
the  validity  of  any  marriage  shall  be  denied  or  doubted  by  either  of  the 
parties,  the  other' party  may  file  a  petition  for  aflfirming  the  marriage. 
(How.  11155-6;  C.  L.  8618-9!) 

residence    of    parties JURISDICTION. 

33.  No  decree  of  divorce  shall  be  granted  unless  the  party  applying 
therefor  shall  have  resided  in  this  state  for  one  year  immediately  pre- 
ceding the  time  of  filing  the  bill  or  petition  therefor;  or  the  marriage 
Avhich  it  is  sought  to  dissolve  was  solemnized  in  this  state  and  the  party 
ai)plying  for  such  divorce  shall  have  resided  in  this  state  from  the  time 
of  such  marriage  until  the  time  of  bringing  such  suit  for  divorce. 

Xo  decree  of  divorce  shall  be  granted  in  any  case  unless  the  defendant 
is  domiciled  in  this  state  at  the  time  the  bill  or  ])etition  is  filed;  or  the 
defendant  shall  have  been  domiciled  in  this  state  when  the  cause  for 
divorce  alleged  in  the  bill  or  petition  arose;  or  the  defendant  shall  have 
been  brought  in  by  publication,  or  shall  have  been  personally  served  with 
process  in  this  state,  or  shall  have  been  personally  served  with  a  copy  of 
the  order  for  appearance  and  publication  within  this  state  or  elsewhere; 
or  has  voluntarily  appeared  in  such  action  or  proceeding. 

Whenever  the  cause  or  causes  for  divorce  shall  have  occurred  out  of 
this  state,  no  decree  of  divorce  shall  be  granted  unless  the  complainant 
or  defendant  shall  have  resided  in  this  state  for  two  years  immediately 
ineceding  the  filing  of  the  bill  or  petition  for  such  divorce.  (How.  11161; 
V.  A.  210,  1899.) 

COLLUSION SAME    OFFENSE    BY    COMPLAINANT. 

31.  Xo  divorce  shall  be  decreed  in  any  case  when  it  shall  appear  that 
the  petition  or  bill  therefor  was  founded  in  or  exhibited  by  collusion  be- 
tween the  parties,  nor  where  the  party  complaining  shall  be  j?uilty  of  the 
same  crime  or  misconduct  charged  against  the  respondent.  (How.  11462; 
C.  L.  8625.) 

PHYSICAL  INCAPACITY SUIT  TO   BE   BROUGHT  WITHIN  TWO  YEARS. 

35.     A  suit  for  divorce  on  the  ground  of  physical  incapacity  shall  only 
be  maintained  by  the  injured  party,  against  the  party  whose  incapacity 
is  alleged ;  and  shall,  in  all  cases,  be  brought  within  two  years  from  the 
solemnization  of  the  marriage.    (How.  11488;  C.  L.  8651.) 
3 


IS  MICHIGAN    STATE    LIBRARY. 

CARE  AND  CUSTODY  OF  MINOR  CHILDREN. 

36.  Upon  decreeing  a  divorce,  the  court  may  make  such  further  de- 
cree as  it  sliall  deem  just  and  proper,  concerning  the  care,  custody  and 
maintenance  of  the  minor  children  of  the  parties,  and  may  determine 
with  Avhich  of  the  parents  the  children,  or  any  of  them,  shall  remain. 
The  court  may,  from  time  to  time  afterwards,  revise  and  alter  such  de- 
cree concerning  the  care,  custody  and  maintenance  of  the  children,  or 
any  of  them,  and  make  a  new  decree  concerning  the  same,  as  the  circum- 
stances of  the  parents,  or  the  benefit  of  the  children,  shall  require.  Dur- 
ing the  pendency  of  a  suit  for  divorce,  the  court  may  make  such  order 
concerning  the  care,  custody  and  maintenance  of  the  minor  children  as  it 
shall  deem  proper  and  necessary.  Presumptively,  the  mother  is  the 
proper  custodian  of  children  under  twelve  3'ears  of  age,  and  the  father 
of  those  twelve  years  of  age  or  over,  but  the  court  in  each  case  will  be 
guided  by  the  interests  of  such  children.  It  has  been  held  that  the 
mother  is  the  proper  custodian  of  children  under  fourteen  years  of  age,  in 
the  absence  of  any  showing  of  unfitness ;  and  that  it  is  the  father's  legal 
duty  to  provide  for  their  support,  although  the  children  mav  remain 
witii  the  mother.  (How.  114GT-8-9,  11537;  C.  L.  8G30-1-2,  8089 ;  Hazel  ton 
V.  Hazelton,  1G2  Mich.  192;  Courtright  v.  Courtright.  40  Mich.  633.) 

ALIMONY    UPON   DECREE   FOR  DIVORCE. 

37.  Upon  every  divorce  from  the  bonds  of  matrimony  for  any  cause  ex- 
cept that  of  adultery  committed  by  the  wife,  and  also  upon  every  divorce 
from  bed  and  board  for  any  cause,  if  the  estate  and  effects  awarded  to  the 
wife  shall  be  insufficient  for  the  suitable  support  and  maintenance  of  her- 
self and  such  children  of  the  marriage  as  shall  be  committed  to  her  care 
and  custody,  the  court  may  decree  to  her  such  part  of  the  personal  estate 
of  the  husband  and  such  alimony  out  of  his  estate,  real  and  personal,  as 
it  shull  deem  just  and  reasonable.    (How.  11475;  C.  L.  8638.) 

WHEN   COURT    MAY    MODIFY   DECREE   FOR   ALIMONY   OR  ALLOWANCE. 

38.  After  a  decree  for  alimony  or  other  allowance  has  been  made,  tlie 
court  may,  from  time  to  time,  on  the  petition  of  either  of  the  parties, 
revise  and  alter  such  decree  respecting  the  amount  of  such  alimony  or 
allowance  and  the  payment  thereof.  This  provision  authorizes  the  court 
to  change  a  decree  for  alimony  only  on  new  facts  thereafter  transpiring, 
and  when  they  are  of  such  a  character  as  to  make  it  necessarv  to  suit 
the  new  state  of  facts.  (How.  11478;  C.  L.  8641;  Perkins  v.  Perkins,  12 
Mich.  456.) 

DE<"REB  FOR  SUPPORT  AND   MAINTENANCE  WHEN  DIVORCE  FROM  BED  AND  BOARD 
NOT  GRANTED DECREE  FOR  ALIMONY   WITHOUT   DIVORCE. 

39.  In  case  of  an  application  for  divorce  from  bed  and  board,  al- 
though a  decree  for  such  divorce  be  not  made,  the  court  may  make  such 
order  or  decree  for  the  support  and  maintenance  of  the  wife  and  chil- 
dren, or  any  of  them,  by  the  husband,  as  the  nature  of  the  case  may 
render  suitable  and  proper.  (How.  11491;  C.  L.  86.54.)  In  case  of  wife 
desertion,  tho  husband  l>eing  of  sufficient  ability  to  support  her,  or  in 
oase  the  husband  shall  have  become  an  habitual  drunkard  since  their 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  19 

iiiaiiiaoe,  or  ^;hall  have  committed  any  offense  that  entitles  the  wife  to 
a  decree  of  divoree.  the  court  may  decree  to  her  as  alimony  such  part 
of  her  husband's  real  and  personal  estate,  or  such  proportion  of  his  earn- 
ings, income  or  revenue,  as  it  may  determine  to  be  just  anil  leasonable 
for  her  separate  maintenance,    (How.  11534: ;  C.  L.  8080.) 

COIRT     ^rAY     ITXISH     DISOBEDIENCE    OP    DECREE     OR     ORDER     FOR     PAYMENT    OF 
ALIMONY   BY   FINE  AND   IMPRISONMENT. 

-!().  T'tjou  failure  to  ])ay  any  alimony,  or  any  stipulated  ]»ayment  of  ali- 
mony, when  petitioned  by  the  injured  |)arty,  the  court  may  issue  an  at- 
tachment to  arrest  tlie  party  in  default  and  may  brinu  him  immediately 
before  the  court.  The  court  may  ]mnisli  the  defaultino-  party  by  fine  and 
imprisonment,  the  defaulting-  party  to  remain  under  arrest  until  he  files 
a  bond  for  the  payment  of  alimony,  with  two  sufficient  sureties,  or  until 
discharged  from  arrest  after  a  full  hearing  bv  the  court.  (P.  A.  370, 
1913.) 

PAYMENT    BY    HUSBAND    OF    SUMS    NECESSARY    FOR    WIFE    TO    PROSECUTE    SUIT, 
OR  FOR  TEMPORARY  ALIMONY. 

41.  In  every  suit  brought  either  for  a  divorce  or  for  a  separation,  the 
((uu't  may,  in  its  discretion,  require  the  husband  to  pay  any  sums  neces- 
sary to  enable  the  wife  to  carry  on  or  defend  the  suit  during  its 
]>endency.  This  section  makes  no  mention  of  temporary  alimony,  but  so 
far  as  the  statute  goes,  it  is  only  confirmatory  of  the  common  law  which 
Avas  acted  on  by  our  courts  before  there  was  any  statute  on  the  subject. 
The  right  to  grant  temporary  alimony  has  always  been  recognized  in 
divorce  suits  when  the  circumstances  required  it.  (How.  114G5;  C. 
L.  8628:  Goldsmith  v.  Goldsmith,  G  Mich.  28.5;  Haines  v.  Haines,  35 
Mich.  143.) 

DECREE    FOR    ALIMONY    RENDERED    IN    OTHER    STATE RECOVERED 

BY   SUIT   IN   THIS   STATE. 

42.  In  cases  where  a  decree  for  alimony  has  been  rendered  in  another 
state,  the  alimony  decreed  mav  be  recovered  in  an  action  at  law  in  this 
state.    (How.  11500;  P.  A.  52,' 1911.) 

1  OWFU    AND    CTHEU    PROPERTY    SETTLEMENTS   TO   P.E    INCLUDED    IN    DECREE. 

43.  When  any  decree  of  divorce  is  granted,  it  shall  be  the  duty  of  the 
court  granting  such  decree  to  include  in  it  a  provision  in  lieu  of  the 
dower  of  the  wife  in  the  pro])erty  of  the  husband,  and  such  provision 
shall  be  in  full  satisfaction  of  all  claims  that  the  wife  may  have  in  any 
property  which  the  husband  owns  or  may  thereafter  own,  or  in  which 
he  may  have  any  interest.  Every  husband  and  wife  owning  real  estate 
as  joint  tenants  or  as  tenants  by  entireties  shall,  upon  being  divorced,  be- 
come tenants  in  common  of  such  real  estate,  unless  the  (twiieiship  thereof 
is  otherwise  determined  bv  the  decree  of  the  divorce.  (How.  n4'.Mt-7;  P. 
A.  259,  1909.) 


■JO  MICHIGAN    STATE    LIBRARY. 

UKVOCATIOX  OF  DKCKKK  OF  DIVORCE  FROM  BED  AND  BOARD  UPON  RECONCILIATION. 

-44.  ^^'lleu  a  decree  of  divorce  from  bed  and  board  shall  have  been 
lU'ououuced,  it  may  be  revoked  at  any  time  thereafter,  under  J>uch  regula- 
tions and  restrictions  as  the  court  may  impose,  upon  the  joint  appli- 
cation of  the  parties  and  their  producing  satisfactory  evidence  of  their 
U'conciliatioii.    (How.  11402;  C.  L.  8655.) 

PROVISION   IN   DECREE   PROHIBITING  REMARRIAGE  WITHIN   SPECIFIED   TIAIE. 

45.  The  court  granting  a  decree  of  divorce  may  provide  in  such  de- 
cree that  the  party  against  whom  any  divorce  is  granted  shall  not  marry 
again  within  such  time,  not  exceeding  two  years,  as  shall  be  fixed  by 
the  court,  and  a  person  marrving  within  such  time  will  be  gTiiltv  of 
bigamy.     (How.  11495;  C.  L.  8658.) 

WHEN    RESTORATION    OR    CHANGE    OF    NAME    MAY    BD  DE!CREED. 

46.  Whenever  a  decree  of  divorce  is  granted,  the  court  may  restore 
to  the  wife  her  maiden  name,  or  the  name  she  legally  bore  prior  to  her 
marriage,  or  allow  her  to  adopt  another  name,  provided  there  is  no 
minor  child  or  children,  issue  of  the  marriage.  (How.  11503;  P.  A.  291). 
1905.) 

RESTRAINT  BY   HUSBAND    OF   PERSONAL   LIBERTY   OF    WIFE    MAY  BE  PROHIBITED. 

47.  After  the  exhibiting  of  a  petition  or  bill  in  a  suit  to  annul  a  mar- 
riage or  for  a  divorce  the  court  may  at  any  time,  on  the  petition  of  the 
wife,  prohibit  the  husband  from  imposing  any  restraint  on  her  i>ersonal 
liberty  during  the  pendency  of  the  suit.    (How.  11466;  C.  L.  8629.) 

PARDON    TO    PARTY    SENTENCED    TO    PRISON    FOR    THREE    YEARS    OR    MORE    DOES 
NOT  RESTORE    CONJUGAL  RIGHTS. 

48.  When  a  divorce  has  been  granted  where  one  of  the  parties  has 
been  sentenced  to  imprisonment  in  any  prison,  jail  or  house  of  correc- 
tion for  three  years  or  more,  no  pardon  granted  to  the  party  so  sentenced 
shall  restore  such  partv  to  his  or  her  conjugal  rights.  (How.  11458; 
C.  L.  8621.) 


CHAPTER  VI. 

RIGHTS  AND  LIABILITIES  OF  MARRIED  WOMEN  UNDER  THE 

MARRIED   WOMAN'S  ACT  AND   OTHER   SIMILAR 

STATUTES  MODIFYING  THE  COMMON  LAW. 

MARRIED    WOMAN^S    ACT. 

49.  Sections  ."id  to  54,  infra,  constitute  the  so-called  ''Married 
AVoman's  Act."  It  should  be  noted  that  this  act  affects  a  married 
woman's  rights  and  obligations  only  in  the  acquisition,  control  and 
dis})osition  of,  or  her  contmcts  concerning,  her  sole  and  separate 
property;  her  right  to  sue  or  liability  to  be  sued  concerning  her  sole 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  21 

anil  separate  property  or  her  contracts  concerning  same;  her  right  to 
sue  to  protect  certain  rights  which  she  has  in  her  husband's  property, 
or  to  sue  or  be  sued  alone  when  a  cause  of  action,  in  contract  or  in 
tort,  arises  against  her.  Only  in  cases  coming  within  the  provisions 
of  section  55,  infra,  is  a  married  woman  possessed  of  the  same  rights 
and  lialiilities  in  transacting  business  as  those  i)()sscsse(l  by  an  aiinli, 
unmarried  man.  Except  as  her  disabilities  have  been  removed  by  the 
( "oiistitutidu  and  the  statutes,  lier  common  law  limitations  remain.  Tlic 
most  im])<»vtant  of  those  limitations,  as  at  present  modified  and  almost 
removed  by  the  Constitution  and  the  statutes,  are  explained  in  sections 
55  to  70,  infra. 

RIGHT    OF    MARRIED    WOMAN    TO    CONVEY,    OR    TO    CONTRACT    WITH    REFERENCE 
TO   HER  SEPARATE   PROPERTY. 

50.  The  real  and  personal  estate  of  every  female,  acquired  before 
marriage,  and  all  property,  real  and  personal,  to  which  she  may  after- 
Avards  become  entitled,  by  gift,  grant,  inheritance,  devise,  or  in  any 
other  manner,  remains  the  estate  and  property  of  such  female,  and  is 
not  liable  for  the  debts,  obligations  and  engagements  of  her  husband, 
and  may  be  contracted,  sold,  transferred,  mortgaged,  conveyed,  devised 
or  bequeathed  by  her,  in  the  same  manner  and  with  the  like  effect  as 
if  she  were  unmarried.  (Art.  XVI,  Sec.  8,  Const.  1909;  How.  11545; 
C.  L.  8G90.) 

TRUSTEE  OF   PROPERTY  FOR  INIARRIED  WOMAN    :MAY  CONVEY  TO   HER  AS  HER   SOLE 

PROPERTY. 

51.  Any  person  who  holds,  as  trustee  for  any  married  woman,  any 
real  or  personal  estate  or  other  property,  under  any  deed  of  conveyance, 
or  otherwise,  may  convey  to  such  married  woman,  by  deed  or  other- 
wise, all  or  any  portion  of  such  property,  or  the  rents,  issues  and  profits 
thereof,  for  her  sole  and  separate  use  and  benefit.  (How.  11546;  C.  L. 
8691.) 

MARRIED    WOMAN'S    RIGHT   TO    SIE    OR    BE    SUED — PROPERTY    OR   CONTRACT 

RIGHTS. 

52.  Actions  may  be  brought  by  and  against  a  married  woman  in 
relation  to  her  sole  property,  in  the  same  manner  as  if  she  were  unmar- 
ried, and  in  cases  where  the  property  of  the  husband  cannot  be  sold, 
mortgaged  or  otherwise  encumbered,  without  the  consent  of  his  wife 
to  be  given  in  the  manner  prescribed  by  law,  or  when  his  property  is 
exempted  by  law  from  sale  on  execution  or  other  final  process  issued 
from  any  court  against  him,  his  wife  may  bring  an  action  in  lier  own 
name,  with  the  like  effect  as  in  cases  of  actions  in  relation  to  her  sole 
property.     (How.  11547;  Sec.  5,  Chap.  12,  P.  A.  314,  1915.) 

The  husband  of  any  married  woman  is  not  liable  to  be  sued  upon 
any  contract  made  by  such  married  woman  in  relation  to  her  sole  prop- 
erty, and  the  wife  is  liable  to  be  sued  upon  any  contract  or  engage- 
ment made  by  her  in  cases  where  her  husband  is  not  in  law  liable,  or 
where  he  refuses  to  perform  such  contract  or  engagement.  (How.  11548; 
C.  L.  8693.) 


22  MICHIGAN    STATE    LIBRARY. 

NVheiievei-  a  rauso  of  action  sliall  accrue  to  or  arise  ajiainst  any  mar- 
ried woman,  .she  mav  sue  or  be  sued  in  the  same  manner  as  if  she  were 
sole.    (Sec.  «;.  Chap. '12,  P.  A.  314,  1915.) 

See  sections  (lil  and  70.  infra. 

SI  ITS   FOR   wife's   torts  TO    BE   BROUGHT  AGAINST   THE   WIFE   AI.OXE. 

o'A.  No  suit  shall  be  brought  against  husband  and  wife,  jointly,  or 
against  the  husband  alone,  for  any  tort  of  the  wife  unless  such  tort  was 
committed  under  such  circumstances  as  to  render  them  both  liable.  (See. 
7.  <'hai».  12.  P.  A.  :U4.  1!)1."5.)   See  section  G5,  infra. 

( OXTRACTS   MADE  IX  COXTEMPLATIOX  OF  MARRIAGE. 

.")4.  All  contracts  made  between  ])ersons  in  contemplation  of  marriage 
lemain  in  full  force  after  marriage  takes  place.  (  Hoav.  11510;  C.  L. 
S(J!)4. 1 

WIIEX   .AIARRIED  WOMAN    MAY"  COXTRACT  WITH   XO  DISABILITY. 

55.  Any  married  woman  coming  into  this  state  from  any  rther  state 
or  country,  without  her  husband,  he  having  never  lived  with  her  in  this 
state,  may  transact  business,  make  contracts,  and  commence,  prosecute 
and  defend  suits  in  her  own  name,  and  dispose  of  her  property  in  like 
manner,  in  all  respects,  as  if  she  were  unmarried.  (How.  11523;  C.  L. 
st;7S.) 

EXTBXT    OF    :\IARRIED     WOMAX's    POWER    TO    COXTRACT. 

50.  So  far  as  their-  jiroyierty  rights  and  interests  are  concerned,  hns- 
i'and  and  wife  no  longer  constitute  a  single  person  in  law  1  Fisher  v. 
I'rovin,  25  Mich.  350).  and  the  husband  has  no  control  over  his  wife'.s 
property  (Agricultural  Ins.  Co.  v.  Montague,  38  Mich.  548).  However, 
the  wife  may  contract  and  bind  herself  only  in  relation  to  her  property 
and  estate  already  possessed,  or  referring  to  it,  or  else  concerning  prop- 
erty ac(iuired  by  the  contract  or  in  consideration  of  it.  There  must  be  a 
dircrt  relation  between  the  contract  and  her  property.  (Keed  v.  Buys,  44 
Mich.  82;  Detroit  Chamber  of  Commerce  v.  Goodman.  110  Mich.  498.) 
Therefore,  a  wife's  ju-omise  to  pay  for  medical  services  rendered  to  her 
husband  or  for  board  of  her  husband  is  not  binding  ujjon  her,  not  being 
a  contract  relating  to  or  benetitting  her  separate  estate.  (Howe  v. 
North,  09  Mich.  272;  Puck  v.  Haynes  Estate.  75  Mich.  397.) 

COXTRACTS    BETWEEN    IITSBAXD    AXD    AVIFE. 

57.  ^Vhel•e  no  considerations  of  public  i>olicy  ])reclude  it,  husband  and 
wife  may  contract  with  <'ach  other  in  relation  to  the  wife's  property  now 
possessed  or  to  be  acfpiired  by  such  contract.  (Randall  v.  Pandall,  37 
Mich.  503.)  Husband  or  Avife  may  convey  his  or  her  sejjarate  property 
diiectly  to  the  other.  (  Kansom  v.  Ransom,  30  Mich.  328.)  A  deed  from 
liusbaud  to  wife  of  land  held  by  entireties  is  valid.  (Demerse  et  al.  v. 
Mitchel  et  al.  —  Mich.  —  1915,  154  N.  W.  22.)  An  agreement  by  the  hus- 
band to  pay  the  wife  a  specified  sum  for  her  services  as  housekeeper  is 
void,  being  contrary  to  public  policy.    (Michigan  Trust  Co.  v.  Chapin,  100 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  23 

Midi.  384.1    Husband  and  wife  cannot  sue  each  other  to  enforce  a  mere 
executory  contract.    ( Jenne  v.  >Marble.  87  Mich.  319.) 

MARRIED    woman's    CONTRACTS    AND    CONVEYANCES    AFFECTING    HER    INTEREST 
IN    REAL    PROPERTY. 

58.  Under  the  Married  Woman's  Act,  a  married  woman  may  convey 
her  separate  real  property  as  thouoh  she  were  sole.  When  a  wife  joins 
with  her  husband  in  his  deed  or  mortgage  of  his  lands,  in  the  usual  man- 
ner jnescribed  by  law  for  barring;  dower  and  releasing-  homestead  rights, 
her  joining  in  such  deed  or  mortgage  will  not  affect  any  separate  or 
independent  interest,  or  estate,  or  any  prior  mortgage  of  her  own,  in  and 
upon  the  land,  unless  the  intention  so  to  do  is  expressed  in  a  special  pro- 
vision inserted  in  the  deed  or  mortgage  for  that  purpose.  (Kitchell  v. 
Midgett,  37  Mich.  91.)  A  wife  joining  her  husband  in  a  deed  to  his  land 
is  not  bound  by  the  covenants  therein  (Carley  v.  Fox,  38  Mich.  387),  nor 
is  a  wife  liable  for  the  husband's  debt  secured  by  his  mortgage  in  which 
she  joins  merely  for  the  purpose  of  releasing  her  dower  (Gantz^  v.  Toles, 
40  Mich.  728)  ;  but  where  a  wife  joins  in  a  warranty  deed,  the  sole  con- 
sideration l>eing  the  conveyance  to  her  of  other  land,  she  is  jointly  liable 
for  a  breach  of  the  covenants  therein  contained  to  the  extent  of  her 
interest  in  the  land  conveyed  (Heinmiller  v.  Hathaway,  00  ^Nlich.  391). 

A  wife  may  by  her  sole  deed  and  during  the  life  of  her  luisband  con- 
vey or  release  her  rights  to  dower  in  his  lands  (Khoades  v.  Davis,  51 
Mich.  306),  or  mortgage  her  separate  estate  to  secure  a  debt  of  her  hus- 
band (Marx  V.  Bellel,  114  Mich.  631),  or  convej^  it  in  payment  of  her 
husband's  debt  (Kieldsen  v.  Blodgett,  113  Mich,  655)  ;  but  she  cannot 
contract  in  relation  to  or  encumber  her  interest  in  land  conveyed  to  her- 
self and  husband  and  held  by  entireties,  her  interest  in  an  estate  held 
by  entireties  not  being  her  separate  property  (Spier  v.  Opfer,  73  Mich. 
35).  A  v\'ife  cannot  transfer  a  homestead  under  Art.  XIY,  Sec.  2,  Con- 
stitution of  1909,  by  her  deed  separately  from  her  husband.  (Lott  v.  Lott, 
146  Mich.  .580.)  She  can  release  her  homestead  interest  only  by  joining 
with  her  husband  in  a  deed  or  mortgage  as  provided  by  statutes,  her  com- 
mon law  disabilities  having  been  removed  relative  to  the  conveyance  of  her 
separate  property  but  not  with  reference  to  her  interest  in  her  husband's 
lands  or  lands  held  by  entireties.  (Ring  v.  Burt.  17  Mich.  472.)  Although 
an  estate  by  entireties  is  not  a  portion  of  the  wife's  separate  estate 
(Doane  v.  Feather's  Estate,  119  Mich.  691).  and  estates  by  entireties 
are  said  to  remain  as  at  common  law  (^Morrill  v.  Morrill,  138  Mich. 
112),  the  prohibition  is  against  either  the  husband  or  the  wife's  alienat- 
ing to  a  third  person  without  the  consent  of  the  other,  and  an  alienation 
by  both  acting  jointly,  or  by  one  to  the  other,  is  permissible  (Demerse 
et  al.  V.  Michell  et  aL  —  Mich.  — ,  1915;  154  N.  W.  22). 

MARRIED    woman's    PROMISSORY    NOTES. 

59.  A  married  woman's  note  or  contract,  merely  for  the  purpose  of 
paying  or  securing  her  husband's  debt,  or  the  debt  of  any  other  person — 
merelv  for  the  ]>avment  of  money — is  not  binding  upon  her  (West  v. 
Laraway.  28  Mich.'  464;  Chamberlain  v.  Murrain,  92  Mich.  360),  except 
upon  sufficient  consideration  paid  to  her  for  so  doing  (DeVries  v.  Conk- 
lin,  22  Mich.  255).     To  be  valid,  her  note  must  be  based  on  a  consider- 


24  MICHIGAN    STATE    LIBRARY. 

alioii  in  the  shape  ol'  ])i<)pei't v — iinist  be  made  coucerniug  property  al 
ready  possessed,  or  referring  to  it,  or  eoucerning-  property  acquired  by 
the  contract  or  in  consideration  of  it,  or  otlierwise  in  relation  to  her 
se])arate  estate  or  business.  (Jolmson  v.  Sutherland,  39  Mich.  579;  Russell 
V.  Savings  IJank,  :t!)  Mich.  (;71.)  A  niariicd  woman's  note  has  no  greater 
validity  in  the  hands  of  a  bona  fide  purchaser  than  in  the  hands  of  the 
original  i)ayee.  (AVaterbury  v.  AndreAvs,  (57  Mich.  281.)  A  married  woman 
may  endorse  a  note  due  to  herself,  but  not  the  note  of  a  corporation  of 
which  she  is  a  stockholder  given  for  the  debt  of  the  corporation.  (John- 
son v.  Sutherland,  39  Mich.  579.)  The  liability  of  a  married  woman  of 
another  state  on  a  note  given  in  that  state  and  good  under  its  laws  may 
be  enforced  by  attachment  of  her  property  in  Michigan,  though  it  would 
be  ineffective  to  bind  her  separate  propertv  if  eiven  here.  (State  Bank 
of  Eldorado  v.  Maxson,  123  Mich.  250.) 

SURETYSHIP. 

60.  A  married  woman  cannot  bind  herself  by  a  contract  of  surety- 
ship merely,  such  contract  not  being  within  the  words  or  the  spirit  of 
tlie  Married  Woman's  Act  (Insurance  Co.  v.  Wayne  County  Savings  Bank, 
G8  ]\[ich.  116),  nor  can  she  make  herself  personally  liable  for  the  debt  or 
obligation  of  another  where  no  consideration  passes  to  her  for  that  pur- 
p(tse  ( liuck  V.  Haynes,  75  ]\Iich.  397),  and  she  cannot  be  bound  with 
her-  husband  or  any  other  person  as  surety  by  mere  personal  promises 
(Jenne  v.  Marble,  .'>7  Mich.  321).  HoAvever,  she  may  mortgage  her  lands 
and  property  for  ])ayment  or  security  of  the  debt  of  another,  or  of  her 
husband,  as  such  transaction  relates  to  her  separate  estate.  (Damon  v. 
Deeves,  57  Mich.  247.) 


(il.  A  married  woman  may  act  through  an  agent  and  will  be  bound 
by  such  agent's  acts  (Mack  v.  Engel,  165  Mich.  540),  but  she  cannot  give 
her  agent  any  powers  Avhich  Avill  authorize  him  to  bind  her  except  in  re- 
lation to  her  separate  estate  and  business.  Persons  dealing  with  her 
agent  must  incpiire  into  his  ])owers.  (Kenton  Ins.  Co.  v.  McClellan,  43 
Mich.  564.) 

PARTNERSHIP. 

62.  With  her  husband's  consent,  a  married  w^oman  may  enter  into  a 
partnershi])  with  strangers,  but  she  cannot  hold  partnership  relations  in 
business  with   her  husband.     (Ortman  v.  Ferguscm,  73  Mich.  146.) 

wife's  earnings. 

63.  A  married  woman  in  the  state  of  Michigan  is  absolutely  entitled 
to  have,  liold,  own,  retain  and  enjoy  any  and  all  earnings  acquired  by  her 
as  the  result  of  her  personal  etforts;  and  to  sell  or  otherwise  dispose  of 
any  and  all  such  earnings,  and  to  make  contracts  in  relation  thereto  to 
the  same  extent  as  if  she  were  not  married.  (How.  11552;  1*.  A.  196, 
1911.) 

But  .see  section  64  A,  infra. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  25 

WIFB^S   SERVICES   AND   SUPPORT. 

64.  The  liusbaud  is  legally  bound  to  support  the  wife  and  is  entitled 
to  her  services,  except  where  given  to  her.  individual  estate  or  separate 
business.    (Howe  v.  North,  69  Mich.  272;  Root  v.  Root,  164  Mich.  638.) 

A.  SERVICES. 

The  wife  may  devote  such  time  and  services  to  the  care  and  manage- 
ment of  her  sejiarate  estate  as  may  be  necessary  (Grover  v.  Alcott,  11 
Mich.  482),  and,  with  the  husband's  consent,  she  may  carry  on  a  separate 
trade  or  business  in  her  own  name  and  on  her  own  account,  and  be  solely 
and  legally  liable  for  her  purchases  and  engagements  in  the  business 
(Vail  V.  Winterstein,  94  Mich.  230)  ;  but  where  the  husband  is  able  and 
willing  to  support  her,  she  has  no  legal  right  to  conduct  a  business  of 
her  own  without  his  consent  (Root  v.  Root,  164  Mich.  638). 

B.  SUPPORT. 

The  husband  is  bound  to  provide  the  necessaries  for  the  support  of  the 
Avife,  but  necessaries  may  he  purchased  by  the  wife  on  her  individual 
credit  and  she  will  be  liable  though  they  were  used  by  her  husband  and 
family.  (Howe  v.  North,  69  Mich.  272.)  A  husband  deserting  his  family 
and  not  supporting  them  is  to  be  considered  as  refusing  to  perform  his 
wife's  contracts  for  necessaries.  (Carstens  v.  Hanselman,  61  Mich.  430.) 
Charging  goods  to  the  wife  does  not  estop  the  creditor  to  claim  they  were 
sold  on  the  husband's  credit.     (Leonard  v.  Stowe,  166  Mich.  681.) 

WIFEr's  TORTS. 

65.  The  husband  is  not  liable,  as  at  common  law,  for  his  wife's  care- 
lessness or  negligence  imless  she  was  acting  under  his  direction,  or  Avitli 
his  knowledge  and  assent  (as  his  agent),  and  he  cannot  be  sued  alone 
or  be  joined  with  her  in  an  action  for  her  tort.  (Sec.  7,  Chap.  12,  P.  A. 
314,  1915;  Weber  v.  Weber,  47  Mich.  571.)     See  section  53,  supra. 

wiper's  debts. 

66.  The  Married  Woman's  Act  abolished  the  common  law  rule  making 
the  husband  liable  for  the  wife's  debts  contracted  before  marriage. 
(Smith  V.  Martin,  124  Mich.  34.) 

DOMICILE. 

67.  The  husband  has  the  right  to  choose  the  family  domicile,  and  the 
domicile  of  the  husband  is  also  that  of  the  wife,  but  a  wife  may  remain 
with  or  leave  her  husband  as  she  pleases  and  he  has  no  legal  remedy  to 
compel  her  to  return.    (Buckingham  v.  Buckingham,  81  Mich.  89.) 

WILLS revocation  BY   CHANGE  OF  STATUS. 

68.  The  common  law  rule  that  marriage  and  birth  of  issue  revokes 
a  woman's  will  is  not  affected  by  the  Married  Woman's  Act  (Durfee  v. 
Risch,  142  Mich.  504),  and  the  same  is  true  of  divorce  and  settlement  of 
property  rights  (Wirth  v.  Wirth,  149  Mich.  687). 


26  MICHIGAN    STATE    LIBRARY. 

WHEN   MARRIED  WOMAN  MAY  SUE  ALONE. 

(;*).  Whenever  a  cause  of  action  accrues  to  any  married  woman,  she  may 
sue  ill  the  same  manner  as  if  she  were  sole.  This  provision,  added  to 
the  .\[arrie(l  ^V()man's  Act  in  11)15,  did  not  change  the  law  but  rather  in- 
corjtorated  into  the  written  laws  a  positive  provision  which  had  been 
theretofore  infen-ed  from  the  existing  provisions  of  the  Married  Woman's 
Act.  If  the  cause  of  action  accrues  to  her,  i.  e.,  if  she  is  injured  in  per- 
son, property  or  reputation,  she  is  under  no  disability  to  sue  because  of 
lier  status  as  a  married  woman.    (8ec.  6,  Chap.  12,  P.  A.  314,  1915.) 

i!<ee  section  52,  supra. 

WHEN    MARRIED   W0:\IAN   MAY  BE   SUED  ALONE. 

TO.  Wiienever  a  cause  of  action  arises  against  a  married  woman, 
whether  in  tort,  in  contract,  or  otherwise,  she  may  be  sued  alone  unless 
her  liability  in  that  particular  instance  be  a  joint  liability.  If  she  is 
lialtle  jointly  with  others,  such  others  must  be  joined  unless  the  action 
is  founded  upon  a  tort.  In  all  cases  affecting  land  claimed  as  a  home- 
stead by  either  wife  or  husband,  both  should  be  joined  as  defendants 
(Sec.  cCt,  Chap.  12.  P.  A.  314,  1915;  Hadley  v.  Tobias.  85  Mich.  326). 

See  section  52.  supra. 

IMPEDIMENT    TO    MARRIAGE    NO    BAR   TO    ACTION    BY    INNOCENT    PARTY    OR   THE 

ISSUE    OP   SUCH    MARRIAGE    FOR    NEGLIGENT   INJURY    OR 

DEATH  OF  PARENT  OR  SPOUSE!  OR  CHILD. 

71.  In  any  action  tried  for  damages  heretofore  or  hereafter  sustained 
by  either  party  to  a  marriage  relation  or  the  issue  thereof,  arising  from 
the  negligent  act  or  omission  of  another,  causing  death  or  injury,  it 
shall  be  no  bar  to  such  action  that  legal  impediment  existed  to  the 
lawful  marriage  of  either  party  at  the  time  the  marriage  relation 
was  assumed,  but  a  right  of  action  shall  exist  in  favor  of  such  issue  and 
the  party  to  such  relation  entering  the  same  in  good  faith,  and  such 
issue  and  ])arty  shall  be  entitled  to  the  same  damages  as  though  such 
impediment  had  not  existed.    (How.  11538;  P.  A.  280,  1905.) 

ESTATES  BY   ENTIRETIES. 

72.  By  conveyance  to  husband  and  wife  in  fee,  each  is  seised  of  the 
entirety  of  real  estate,  neither  may  release,  convey,  or  encumber  same 
Avithout  the  consent  and  jointure  of  the  other,  and  the  survivor  takes 
the  whole  in  fee.  (How.'  10G66-7,  C.  L.  8826-7;  Jacobs  v.  Miller,  50 
Mich.  119.) 

RIGHT  TO  INSURE   LIFE  OF  HUSBAND. 

73.  Any  married  woman,  by  herself,  and  in  her  name,  or  in  the  name 
of  any  third  person,  with  his  assent,  as  her  trustee,  may  cause  to  be  in- 
sured for  her  sole  use.  the  life  of  her  husband  or  the  life  of  any  other 
l)erson.  in  any  life  insurance  com]»aiiy  located  in  either  of  tlie  states  of 
the  Tnited  States  or  in  (Ireat  Britain,  for  any  definite  period,  or  for  the 
term  of  his  natural  life;  and  in  case  of  her  surviving  her  husband,  or  such 
other  person  insured  in  her  behalf,  the  sum  or  net  amount  of  the  policy 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  27 

of  insiirauee  due  and  payable  by  the  terms  of  the  insurance  is  payable  to 
her.  to  and  for  her  own  use,  free  from  the  claims  of  the  representatives 
of  her  husband,  or  of  such  other  person  insured,  or  of  any  of  his  credi- 
t(n's,  but  such  exemption  does  not  apply  where  the  amount  of  premium 
annually  paid  exceeds  the  sum  of  three  hundred  dollars.  In  case  of  the 
death  of  the  wife  before  the  decease  of  her  husband  or  of  such  other 
l»erson  insured,  the  amount  of  the  insurance  may  be  made  ])ayab]e  after 
her  death  to  her  children,  for  their  use.  and  to  their  ojnardian.  if  under 
ao-e.  or  the  amount  of  the  policy  may  be  disposed  of  by  such  marrieil 
woman  by  a  last  will  and  testament.  '(How.  11550-1;  C.  L.  8695-6.) 

MARRIAGE  OF  P^EIMALE  IXDER  TWEiXTY-ONE  TERMINATES  GUARDIANSHIP  OF  THE 
PERSON   BUT    NOT   OF   PROPERTY. 

74.  The  marriage  of  any  female  who  is  under  giiardianship,  as  a 
minor,  shall  terminate  such  guardianship  as  to  the  guardian's  care  and 
custody  of  the  person  of  his  ward ;  but  such  guardian  shall  continue  the 
management  of  all  the  estate  of  his  ward  until  she  shall  arrive  at  the 
age  of  twenty-one  years,  unless  he  shall  be  sooner  discharged  by  the 
judge  of  probate.  Such  guardian  may  be  discharged  by  the  judge  of 
probate  when  it  shall  a])pear  to  him  that  such  guardianship  is  no  longer 
necessary.  The  probate  court  has  power  to  appoint  guardians  of  in- 
fant married  women  on  proper  application  therefor.  (Sec.  26,  Chap.  58, 
P.  A.  314.  1015.) 

GUARDIAN    OF    INSANE    OR    INC0:MPETENT    :MARRIED    WOMAN. 

75.  The  judge  of  probate  in  each  county  may  in  all  proper  cases  ap- 
point guardians  to  inhabitants  or  residents  in  his  county,  and  also  to 
such  as  reside  without  the  state  and  have  any  estate  within  his  county. 
He  may  appoint  a  giiardian  of  the  estate,  but  not  of  the  person  as 
against  the  rights  of  the  husband,  of  any  married  woman  who  shall  be 
insane  or  otherwise  mentallv  incompetent  to  have  the  charge  of  her 
I)roperty.    (Sec.  1.  Chap.  58,  P.  A.  314,  1915.) 

MARRIED  WOMAX^S   CONVEYANCE   OF   LANDS. 

76.  Laud  may  be  conveyed  only  in  accordance  with  the  laws  of  the 
state  where  it  is  situated  (Stevens  v.  Earles.  25  Mich.  43).  and  every- 
thing relating  to  the  mode  and  validity  of  the  conveyance  depends  upon 
those  laws  (Palmer  v.  Mason,  42  Mich.  153).  In  Michigan,  conveyance 
of  land,  or  of  any  estate  or  interest  therein,  by  a  woman,  married  or 
single,  may  be  made  by  deed,  signed  by  the  person  from  whom  the  estate 
or  interest  is  intended  to  pass,  being  of  lawful  age.  or  by  her  lawful 
agent  or  attorney,  and  acknowledged  or  proved  and  recorded.  (How. 
1081S;  (\  L.  S!)5(i.i 

See  section  50.  supra. 

DEED,    now    EXErUTKI)    AND    ACKNOWLEDGED. 

77.  Deeds  must  be  executed  in  the  ]»resence  of  tw(»  witnes.ses,  who 
shall  subscribe  their  names  to  the  same  as  such,  and  the  persons  execut- 
ing such  deeds  may  acknowledge  the  executi(Mi  thereof  before  any  judge, 
clerk,  or  commissioner  of  a  court  of  record,  or  before  any  notary  public, 


28  MICHIGAN    STATE    LIBRARY. 

jnslict*  of  till'  peace,  or  inaster  in  chancery,  within  this  state,  and  the 
officer  takinji  such  acknowled*>ment  shall  endorse  thereon  a  certificate 
of  the  ackno\vled<»inent  thereof,  and  the  true  date  of  making  the  same. 
The  acknowledgment  of  any  married  woman  to  a  deed  of  conveyance  or 
other  instrument  alfectino-  real  ]u-o|)ertv  mav  be  taken  in  the  same  man- 
ner as  if  she  were  sole.  (How.  10824-8.  10902;  V.  A.  103,  1905;  C.  L.  8966, 
9021.) 

.MAUniKl)  WOMAN  RESIE)IXG  IX  OTHER  STATE  JOINING  HUSBAND  IN  CONVEYANCE 
OF  LAND  SITUATED  IN    MICHIGAN. 

78.  When  any  married  woman,  not  residing  in  this  state,  shall  join 
with  her  husband  in  any  conveyance  of  real  estate  situated  within  this 
state,  the  conveyance  shall  have  the  same  effect  as  if  she  were  sole,  and 
the  acknowledgnient  or  proof  of  the  execution  of  such  convevance  bv 
lier.  may  be  the  same  as  if  she  were  sole.     (How.  10830;  C.  L.  8968.) 

BUILDING  AND  LOAN  ASSOCIATIONS MARRIED   WOMEN   MAY  SUBSCRIBE STOCK 

MAY  BE  ISSUED  TO   HUSBAND  AND  WIFE  JOINTLY" PAY- 
MENTS   MAY    BE   MADE  TO   EITHER. 

79.  ^Married  women  may  become  subscribers  to  the  capital  stock  of 
building  and  loan  associations,  and  hold,  control  and  transfer  their  stock 
in  all  respects  as  femmes  sole,  and  their  stock  shall  not  be  subject  to 
the  control  of  or  liable  for  the  debts  of  their  husbands.  The  stock  issued 
by  any  association  to  a  husband  and  wife  jointly  shall  become  the  prop- 
erty of  such  persons  as  joint  tenants,  and  the  same  together  with  all 
earnings  thereon,  shall  be  held  for  the  exclusive  use  of  the  persons  so 
named  and  may  be  paid  to  either  during  the  lifetime  of  both,  or  to  the 
survivor  after  the  death  of  one  of  them,  and  such  payment  and  the 
receipt  or  acquittance  of  the  same  to  whom  such  payment  is  made  shall 
be  a  valid  and  sufficient  release  and  discharge  to  said  association  for 
all  payments  made  on  account  of  such  stock,  prior  to  the  receipt  by  said 
association  of  notice  in  writing  not  to  pay  or  deliver  such  stock  in 
accordance  with  the  terms  thereof.     (P.  A.  273,  1915.) 


CHAPTER  YII. 
DOWER. 

NATURE  AND  QUALITY  OF  DOWER. 

80.  The  widow  of  every  deceased  person  shall  be  entitled  to  dower, 
or  the  use  during  her  natural  life  of  one-third  part  of  all  the  lands 
whereof  her  husband  was  seised  of  an  estate  of  inheritance  at  any  time 
during  the  marriage,  unless  she  is  lawfully  barred  thereof.  (How.  10910; 
(\  L.  8918.) 

The  right  of  dower  is  not  an  undivided  third  of  the  entirety,  but  of 
one-third  in  severalty;  nor  is  it  one-third  in  quantity  of  the  lands  of 
which  the  husband  died  seised,  but  it  is  the  right  to  the  use  of  such  part 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  29 

as  will  yield  one-third  of  the  entire  income  of  the  whole.  (  Kinj;  v.  Mer- 
ritt,  67  Mich.  194.)  A  widow  may  have  dower  in  mineral  land  royalties 
(In  re  Seager  Estate,  92  Mich.  180)  ;  and  she  may  have  dower  and  home- 
stead rights  in  the  same  i)arcel  of  land,  neither  being  inconsistent  with 
the  other  (Showers  v.  Robinson,  43  ^lich.  502).  A  widow  is  not  en- 
titled to  dower  in  lands  held  by  her  hnsband  nnder  contract  (Stephens 
V.  Leonard,  122  ^Tich.  12.")),  or  in  lands  in  which  her  husband  held  an 
equitable  interest  only  (Iieel)e  v.  Lyle,  78  ^licli.  114),  or  in  lands  held 
by  husband  and  wife  under  life  lease  (Case  v.  Green,  53  Mich.  (!1()). 

POSSIBILITY    OF   DOWER   BEFORE    HUSBAXd's   DEATH. 

81.  The  possibility  of  dower  before  the  husband's  death  is  a  right 
salable  by  the  wife  and  is  sufficient  to  supply  a  legal  consideration  for  a 
conveyance  to  her.  (Bissell  v.  Taylor,  41  Mich.  702.)  It  has  money  value 
and  may  be  dealt  with  as  property.  The  wife  may  convey  or  release  it 
to  her  husband  by  her  deed  executed  directly  to  him.  (Rhoades  v.  Davis. 
51  Mich.  306.)  A  deed  by  a  married  man  alone  of  land  including  his 
homestead  will  be  void  as  to  the  homestead  but  good  as  to  the  residue;  and 
the  residue  will  be  subject  to  dower  the  same  as  if  it  were  the  only  land 
described  in,  and  attempted  to  be  conveved  bv,  the  deed.  (Wallace  v. 
Harris,  32  Mich.  401.) 

DOWER  IX    CASE   OF   EXCHAXGE    OF    LAXDS   BY    HUSBAXD. 

82.  If  a  husband  seised  of  an  estate  of  inheritance  in  lands  exchange 
them  for  other  lands,  his  widow  shall  not  have  dower  of  both,  but  shall 
make  her  election  to  be  endowed  of  the  lands  given,  or  of  tliose  taken 
in  exchange;  and  if  such  election  be  not  evinced  by  the  commencement 
of  proceeilings  to  recover  her  dower  of  the  lands  given  in  exchange, 
within  one  year  after  the  death  of  her  husband,  she  shall  be  deemed  to 
have  elected  to  take  her  dower  of  the  lands  received  in  exchange.  How. 
10911;  C.  L.  8919.) 

DOWER    IX    LAXDS    MORTGAGED    BEFORE    MARRIAGE. 

83.  When  a  person  seised  of  an  estate  of  inheritance  in  lands  shall 
have  executed  a  mortgage  of  such  estate  before  marriage,  his  Avidow  shall 
be  entitled  to  dower  out  of  the  lands  mortgaged,  as  against  every  per- 
son except  the  mortgagee,  and  those  claiming  under  him.  (How.  10912; 
C.  L.  8920.) 

DOWER  IX   LAXDS  MORTGAGED  FOR  PIRCHASE  MOXEY. 

84.  When  a  husband  shall  purchase  lands  during  coverture,  and  shall 
at  the  same  time  mortgage  his  estate  in  such  lands  to  secure  the  payment 
of  the  purchase  money,  his  widow  shall  not  be  entitled  to  dower  out  of 
such  lands,  as  against  the  mortgagee,  or  those  claiming  under  him.  al- 
though she  shall  not  have  united  in  such  mortgage,  but  she  shall  be 
entitled  to  her  dower  as  against  all  other  ])ersons.  (How.  10913;  C.  L. 
9821.) 


30  MICHIGAN    STATE    LIBRARY. 

AVllKX     WllKtW     KN-JlTI.i:i)    TO    DOWKK     AFTKR     SAI.H     OX     M0RT(;A(;K. 

85.  Wlicii.  in  citliei-  of  the  toiT«i(»iii<>  casi^s  (sections  s:}  and  84),  or 
■when  the  wife  sliall  have  joined  \\ith  her  hushand  in  execntino  a  mort- 
gage, the  mortgagee,  or  those  claiming  under  him,  shall,  after  the  death 
<»f  the  husband,  cause  the  mortgaged  i)remises  to  be  sold  by  virtue  of 
such  mortgage,  and  any  surplus  shall  remain  after  the  payment  of  the 
moneys  due  thereon  and  the  costs  and,  charges  of  the  sale,  such  widow 
shall  be  entitled  to  the  interest  or  income  of  one-third  of  such  surplus, 
for  her  life,  as  dower.    (How.  10914;  C.  L.  8922.) 

w^E^'  WIDOW  entitled  to  dower  of  residue  after  deducting  amount 

PAID  ON  mortgage. 

80.  If,  in  either  of  the  cases  above  specified,  the  heir,  or  other  per- 
son claiming  under  the  husband,  shall  pay  and  satisfy  the  mortgage, 
the  amount  so  paid  shall  be  deducted  from  the  value  of  the  land,  and  the 
widow  shall  have  set  out  to  her,  for  her  dower  in  the  mortgaged  lands, 
the  value  of  one-third  of  the  residue  after  such  deduction.  (How.  10915; 
(\  L.  892;}.) 

dower  in  lands  aliened  in  lifetime  op  husband — valuation. 

87.  When  a  widow  sliall  be  entitled  to  dower  out  of  any  lands  Avhicli 
shall  have  been  aliened  by  the  husband  in  his  lifetime,  and  sr.ch  lands 
shall  have  been  enhanced  in  value  after  the  alienation,  such  lands  shall 
be  estimated,  in  setting  out  the  widow's  dower,  according  to  their  value 
at  the  time  when  thev  were  so  aliened.  (How.  10916;  C.  L.  9824;  Greiner 
v.  Klein,  28  Mich.  14.) 


assign:mext  of  dower  by  probate  court. 

88.  When  a  widow  is  entitled  to  dower  in  lands  of  which  her  husband 
died  seised,  and  her  right  to  dower  is  not  disi)uted  by  the  heirs  or-  de- 
visees, or  any  ])erson  claiming  under  them,  or  either  of  them,  it  may  be 
assigned  to  her,  in  Avhatever  counties  the  lands  may  lie,  by  the  judge  of 
jirobate  for  the  county  in  which  the  estate  of  the  husband  is  settled, 
u])on  the  application  of  the  widow  or  any  other  person  interested  in 
the  lands;  notice  of  which  application  shall  be  given  to  such  heirs,  de- 
\isees  or  other  persons,  in  such  manner  as  the  judge  of  ])roba'te  shall 
direct.     (How.  10917;  Sec.  30,  Chap.  57.  V.  A.  314,  1915.) 

when    Df»WER    MAY    I'.E    ASSIGNED    OR    RECOVERED    IN    EJECTMENT. 

XU.  Dower  may  be  assigned  at  any  time,  either  before  or  after  ad- 
minisliation.  (White  v.  Sjtalding,  50  Mich.  22;  King  v.  Merritt  67  Mich. 
194.)  The  widow  may  bring  ejectment  for  her  dower  interest  at  once, 
and  without  assignment ;  she  has  a  present  possessory  claim  capable  of 
enforcement  (Proctor  v.  Bigelow,  38  Mich.  282;  Moddy  v.  Seaman,  47 
Mich.  76)  :  but  the  widow's  assignee  cannot  recover  dower  until  after 
dov\'er  has  Ix'en  assigned    (Galbraith  v.  Fleming,  60  Mich.  408). 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  31 

HOW    UOWEK   ASSlOlNED COSTS. 

90.  For  the  purpose  of  assigning-  such  dower,  the  judge  of  probate 
shall  issue  his  warrant  to  three  discreet  and  disinterested  persons, 
authorizing  and  requiring  them  to  set  off  the  dower  by  metes  and 
bounds,  v.'hen  it  can  be  done  without  injur}-  to  the  AA'hole  estate,  but 
when  dower  cannot  be  set  off  without  injury  to  the  whole  or  where  the 
estate  cannot  be  divided  by  metes  and  bounds,  the  dower  may  be  as- 
signed of  the  rents,  issues  and  profits  thereof,  to  be  had  and  received  by 
the  widow  as  a  tenant  in  common  with  the  other  owners  of  the  estate. 
One-half  the  cost  of  setting  off  the  dower  shall  be  paid  bv  the  widow,  and 
the  other  half  bv  the  adverse  party.  (How.  10918-20;  Sees.  31  to  33, 
Chap.  57,  P.  A.  314,  1915.) 

WHEN    WIDOW    MAY   OCCUPY    WITH    CHILDREN    OR   OTHER    HEIRS. 

91.  When  a  widow  is  entitled  to  dower  in  lands  of  which  her  hus- 
band died  seised,  she  may  continue  to  occupy  the  same  with  the  chil- 
dren or  other  heirs  of  the  deceased,  or  may  receive  one-third  part  of  the 
rents,  issues  and  profits  thereof,  so  long  as  the  heirs  or  other  interested 
persons  do  not  object,  without  having  the  dower  assigned ;  and  the 
widow  cannot  be  charged  with  rent  while  so  occupying.  (How.  10921; 
r.  L.  8929;  In  re  Graff's  estate,  123  Mich.  456.) 

HOW  DOWER  MAY  BE  BARRED. 

92.  Dower  may  be  barred  : 

A.  By  deed. 

A  married  woman  residing  within  this  state  may  bar  her  right  of 
dower  in  any  estate  conveyed  by  her  husband  or  by  his  guardian,  if  he  be 
under  guardianship,  by  joining  in  the  deed  or  conveyance  and  acknowl- 
edging the  same  or  by  joining  with  her  husband  in  a  subsequent  deed, 
acknowledged  in  like  manner;  or  by  deed  executed  by  the  wife  alone  to 
one  who  has  theretofore  acquired  and  then  holds  the  husband's  title,  pro- 
vided the  intent  to  bar  her  right  of  dower  shall  be  expressed  in  said 
deed.    (How.  10022;  C.  L.  8930.) 

B.  By  jointure. 

A  woman  may  also  be  barred  of  her  dower  in  all  the  lands  of  her  hus- 
band by  a  jointure  settled  on  her  with  her  assent  before  the  marriage, 
]irovided  such  jointure  consists  of  a  freehold  estate  in  lands  for  the  life 
of  the  wife  at  least,  to  take  effect  in  possession  or  profit  immediately 
on  the  death  of  the  husband.  Such  assent  shall  be  expressed,  if  the 
woman  be  of  full  age,  by  her  becoming  a  party  to  the  conveyance  by 
which  it  is  settled,  or  if  she  be  under  age,  by  her  joining  with  her  father 
or  guardian  in  such  conveyance.    (How.  10923-4;  C.  L.  8931-2.) 

O.     By  other  pecuniary  provision. 

Any  pecuniary  provision  that  shall  be  made  for  the  benefit  of  an  in- 
tended wife,  and  in  lieu  of  dower,  shall,  if  assented  to,  as  provided  in 
the  preceding  section,  bar  her  right  of  dower  in  all  the  lands  of  her 
husband.    (How.  10925;  C.  L.  8923.) 

widow's  right  to  ELECT  TO  TAKE  HER  DOWER  INSTEAD  OF  OTHER  PROVISIONS. 

93.  If  any  such  jointure  or  pecuniary  provision  be  made  before  mar- 
riase,  and  without  the  assent  of  the  intended  wnfe,  or  if  it  be  made  after 


;i2  MICHIGAN    STATE    LIBRARY. 

iiiiii  ri;i<;(*,  she  sliiill  iiiaUc  licr  clt'ction  after  the  death  of  her  husband, 
whether  .she  shall  lake  such  joiuture  or  peeuuiarj  provision,  or  be  en- 
dowed of  the  lands  of  her  husband;  but  she  shall  not  be  entitled  to  both. 
If  any  lands  be  devised  to  a  woman,  or  other  provisions  be  made  for  her, 
in  the  will  of  her  husband,  she  shall  make  her  election  whether  she  will 
take  the  lands  so  devised  (or  the  ])rovision  so  made),  or  whether  she 
will  be  endowed  of  the  lands  of  her  husband;  but  she  shall  not  be  en- 
titled to  both  unless  it  j»lainly  appears  by  the  will  to  have  been  so  in- 
tended by  the  testator.  A  widow  shall  be  deemed  to  have  elected  to 
take  such  jointure,  devise  or  other  provision  unless,  within  one  year 
after  the  death  of  her  husband,  she  shall  commence  proceedings  for  the 
assignment  or  recovery  of  her  dower.     (How.  101»2G-S;  C.  L.  8934-().^ 

As  to  election  between  provision  in  will  and  distributive  share  of  ])er- 
sonality,  see  section  132,  infra. 

EFFECT    OF    ELECTION WHAT   LANDS   AFFECTED. 

94.  Election  to  take  ])rovisions  in  a  will  instead  of  dower  affects  a 
widow's  right  only  to  lands  of  which  her  husband  died  seised,  and  elec- 
tion to  take  under  the  will  does  not  bar  her  dower  in  lands  aliened  by 
the  husband  during  marriage  by  conveyance  in  which  she  did  not  join 
(Westbrook  v.  Vanderburgh,  38  Mich.  30),  but  a  widow  electing  to  take 
her  dower  takes  the  dower  provided  by  statute  and  not  under  the  pro- 
vision made  by  the  statute  of  descent  (Stearns  v.  Perrin,  130  ^lich.  450). 
If  a  widow  elects  to  take  under  a  Avill,  in  lieu  of  dower,  she  thereby  be- 
comes a  creditor  of  the  estate  to  the  amount  of  such  legacy  or  provision, 
standing  upon  the  same  footing  with  other  creditors  and  to  be  paid  in 
the  same  manner,  either  in  full  or  pro  rata  according  to  the  suflficiencv 
of  a.ssets.    (Tracy  v.  :\[urray,  44  Mich.  109.) 

WHEN   DOWER   MAY   BE  ASSIGNED  ANEW. 

95.  If  a  womjiii  is  lawfully  evicted  of  lands  assigned  to  her  as  dower, 
or  settled  upon  her  as  jointure,  or  is  dei)rived  of  the  provision  made  for 
her  by  will  or  otherwise,  in  lieu  of  dower,  she  may  be  endowed  anew,  in 
like  manner  as  if  such  assignment,  jointure  or  other  ])rovisiou.  had  not 
been  made.    (How.  10929;  C.  L.  8937.) 

ALIEN   AND   NON-RESIDENT  WIDOWS. 

9(;.  A  woman,  being  an  alien,  shall  not  on  that  account  be  barred  on 
her  dower,  and  any  woman  residing  out  of  the  state  shall  be  entitled  to 
dower  of  the  lands  of  her  deceased  husband,  lying  in  this  state,  of  which 
her  husband  died  seised,  and  the  same  may  be  assigned  to  her,  or  re- 
covered by  her,  in  like  manner  as  if  she  and  her  deceased  husband  had 
been  residents  within  the  state  at  the  time  of  his  death  (How.  10930; 
r.  L.  8938). 

A  tiourrvsnOeut  irifr  is  not  entitled  to  dower  (Stanton  v.  Hitchcock, 
04  ^lich.  310),  but  a  nnn-resident  iridoir  is  entitled  to  dower  (Putney  v. 
Vinton,  145  Mich.  219)  ;  i.  e.,  a  widow  residing  outside  this  state  will 
be  entitled  to  dower,  not  in  all  lands  of  which  her  husband  was  seised 
during  their  marriage,  but  onlv  in  those  lands  of  which  he  was  seised 
at  his  death. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  33 

LIABILITY    FOR   WASTE. 

97.  No  woman  who  shall  be  endowed  of  any  lands  shall  commit  or 
suffer  any  waste  on  the  same;  bnt  every  woman  so  endowed  shall  main- 
tain the  houses  and  tenements  Avith  the  fences  and  appurtenances  in 
good  repair;  and  shall  be  liable  to  the  person  having-  the  next  immediate 
•estate  of  inheritance  therein  for  all  damages  occasioned  bv  anv  waste 
committed  or  suffered  by  her.    (How.  10931;  C.  L.  8939.) 

WIDOW^S  QUARANTINE. 

98.  A  widow  may  remain  in  the  dwelling  house  of  her  hu.sband  one 
year  after  his  death,  without  being  chargeable  with  rent  therefor,  and 
shall  have  her  reasonable  sustenance  out  of  his  estate  for  one  year.  (How. 
10932;  C.  L.  8940.) 

DAMAGES   FOR  WITHHOLDING   DOWER. 

99.  Whenever,  in  any  action  brought  for  that  purpose,  a  widow  shall 
recover  her  dower  in  lands  of  which  her  husband  shall  have  died  seised, 
she  shall  be  entitled  also  to  recover  one  third  part  of  the  annual  value 
of  the  mesne  profits  of  the  lands,  as  damages  for  the  Avithholding  of  such 
dower,  to  be  estimated  in  a  suit  against  the  heirs  of  her  husband,  from 
the  time  of  her  demanding  her  dower  of  such  persons ;  but  sucli  damages 
shall  not  be  estimated  for  the  use  of  any  permanent  improvements  made 
after  the  death  of  her  husband  by  his  heirs,  or  by  any  other  person 
claiming  title  to  such  lands.    (How.  10933-5;  C.  L.  8911-3.) 

DAMAGES  FOR  WITHHOLDING  DOWER  IN  LANDS  ALIENATED  BY  HEIR  OF  HUSBAND. 

100.  When  a  widow  shall  recover  her  dower  in  any  lands  alienated  by 
the  heir  of  her  husband,  she  shall  be  entitled  to  recover  of  such  heir,  in 
an  action  on  the  case,  her  damages  for  withholding  such  dower,  from 
the  time  of  the  death  of  her  husband  to  the  time  of  the  alienation  by 
the  heir,  not  exceeding  six  years  in  the  whole;  and  the  amount  which 
she  shall  be  entitled  to  recover  from  such  heir,  shall  be  deducted  from 
the  amount  she  would  otherwise  be  entitled  to  recover  from  such  grantee, 
and  any  amount  recovered  as  damages  from  such  grantee  shall  be  de- 
ducted "from  the  sum  she  would  other^vise  be  entitled  to  recover  from 
such  heir.    (How.  10936;  C.  L.  8944.) 

ACCEPTANCE  OF  DOWER  A  BAR  TO  FURTHER  CLAIM. 

101.  When  the  widow  shall  have  accepted  an  assignment  of  dower, 
in  satisfaction  of  her  claim  upon  all  the  lands  of  her  husband,  it  shall 
be  a  bar  to  any  further  claim  of  dower  against  the  heir  of  such  husband, 
or  anv  grantee  of  such  heir,  or  any  grantee  of  such  husband,  unless  such 
widow  shall  have  been  lawfully  evicted  of  the  lands  so  assigned  to  her 
as  aforesaid.    (How.  10937;  C.  L.  8945.) 

FRAUDULENT  OR  COLLUSIVE  RECOVERY  OF  DOWER  BY  WIDOW    NOT  ENTITLED 

THEREOX). 

102.  When  a  widow  not  having  the  right  to  dower  shall,  during  the 
infancy  of  the  heii-s  of  the  husband,  or  any  of  them,  or  of  any  person 
■entitled  to  the  lands,  recover  dower  by  the  default  ar  the  collusion  of 

5 


34  MICHIGAN    STATE    LIBRARY. 

llu*  ,mi;ii<liiiii  of  such  iutaiit  licir  or  other  i)ersoii.  siu-li  heir  or  other- 
persou  so  entitled  shall  uot  be  prejudiced  thereby,  but  when  he  comes  of 
full  age,  lie  shall  have  an  action  against  such  widow  to  recover  the 
lands  so  wrongfully  awarded  for  dower,    (How.  10938;  C.  L.  8946.) 

HOW  INCHOATE  DOWER  OF   INSANE  WIFE  MAY  BE  BARRED. 

103.  Whenever  the  Avife  of  any  person  shall  have  become  insane,  im- 
becile or  idiotic,  or  for  any  cause  shall  be  unable  from  defective  intellect 
to  join  her  husband  in  the  conveyance  of  real  estate,  and  shall  have  re- 
mained in  that  condition  for  more  than  two  years,  or  when  it  shall  be  made 
to  appear  to  the  court  that  such  married  woman  is  incurably  insane,  she 
may  be  barred  of  her  right  of  dower  in  the  lands  of  her  husband,  in  the 
manner  following.    (How.  10939;  Sec.  71,  Chap.  19,  P.  A.  314,  1915.) 

same;  petition — by  whom  filed — contents. 

104.  The  husband,  or  any  jjerson  interested  in  any  such  real  estate,, 
may  ai)ply  to  the  circuit  court  in  chancery  of  the  county  where  such 
lands  or  any  part  of  such  lands  are  situated,  by  petition  under  oath,  for 
the  appointment  of  a  guardian  and  for  leave  to  sell  her  inchoate  right  of 
dower,  which  petition  shall  state  the  name,  age  and  residence  of  such 
married  woman  and  of  her  husband,  as  near  as  can  be  ascertained ;  the 
nature  of  the  disability  of  said  married  woman,  and  the  length  of  time 
it  has  existed ;  a  full  description  of  the  lands  and  premises  in  this  state 
to  be  affected  by  such  proceedings ;  the  value  of  each  piece  of  real  estate, 
and  the  amount  of  incumbrance  upon  it  (if  any),  not  affected  by,  or 
prior  to,  her  claim  of  dower;  if  the  real  estate  is  to  be  sold  by  the  hus- 
band, or  has  been  sold  by  him,  the  exact  amount  of  the  consideration  of 
such  sale  as  made  or  agreed  upon ;  and  the  reasons  why  such  sale  is 
desirable  to  said  husband  or  petitioner.  (How.  10940;  Sec.  72;  Chap. 
19,  P.  A.  314,  1915.) 

same;    appointment   of   guardian BOND. 

105.  Upon  the  filing  of  such  petition,  and  after  the  requisite  pro- 
cedure and  hearing,  if  the  court  shall  decide  that  the  respondent  is  in- 
sane, and  that  it  is  desired  that  the  right  of  dower  should  be  barred,  it 
shall  fix  the  then  present  value  of  such  dower,  and  thereafter  shall  ap- 
point a  guardian  of  such  insane  person,  who  shall  be  some  person  other 
than  her  husband,  who  shall  give  bond  in  a  sum  to  be  fixed  by  the  court, 
with  surety  or  sureties,  to  be  approved  by  the  court,  conditioned  to  re- 
ceive and  invest  any  moneys  that  may  come  into  his  hands  for  her  sole 
use  and  l>enefit,  under  the  order  and  direction  of  the  court,  both  as  to 
its  investment  and  to  the  disposition  of  the  income  thereof.  (How.  10941- 
2;  Sec.  73-74.  Chaj).  19,  P.  A.  314,  1915.) 

same;    sale   and    conveyance   of   dower   interest  by    GUARDIAN. 

lOG.  Upon  the  ap])roval  of  such  bond  said  giiardian  may  proceed  and 
sell  at  private  sale,  as  such  guardian,  the  interest  of  such  married  woman 
in  said  land,  at  a  sum  not  less  than  the  value  of  said  dower  as  fixed  hy 
the  court.  He  may  join  with  the  husband  in  such  conveyance,  or  if  the 
husband  has  previously  sold  and  conveyed  said  property,  may,  by  separate- 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  35 

conveyance,  deed  said  i-ioht  of  dower  to  the  luisbaiurs  j^iantee  or  gran- 
tees, his  or  their  heirs  and  assigns,  but  to  no  otlier  person.  Said  con- 
veyance shall  in  all  cases  be  as  effective  to  bar  the  right  of  dower  of 
said  married  woman  as  if  she  had,  being  in  sound  mind,  joined  her  hus- 
band in  a  deed  of  said  premises.  (How.  10943;  Sec.  75,  Chap.  19,  P.  A. 
314,  1915.) 

sa:\ie;  disposition  of  proceeds  by  guardian, 

107.  Said  guardian  shall  apply  the  income  of  said  money  to  the  sup- 
port of  said  married  woman,  or  allow  the  same  to  accumulate,  as  the 
court  shall  direct ;  and  upon  the  restoration  of  said  married  woman  to  a 
sound  mind  shall,  upon  the  order  of  the  court,  transfer  to  her  all  tlie  funds 
in  his  hands,  and  upon  her  death,  shall  deliver  the  same  to  her  ])usl)and,  if 
he  shall  be  living  at  her  death;  if  not  living,  then  to  her  ])ersonal  repre- 
sentatives.   (How.  10944;  Sec.  76,  Chap.  19,  P.  A.  314,  1915.) 

HOW  DOWER  OF  INFANT  MARRIED  WOMAN  MAY  BE  BARRED. 

108.  Any  married  Avoman  residing  within  this  State,  having  arrived 
at  the  age  of  eighteen  years,  may  bar  her  right  of  doAver  in  any  estate 
conveyed  or  mortgaged  by  her  husband,  by  joining  in  the  deed  of  con- 
veyance or  mortgage  and  acknowledging  the  same  as  now  required  by 
law  for  the  acknowledgment  of  deeds,  and  may  do  any  other  act  concern- 
ing her  rights  in  lands  owned  by  her  husband  which  she  might  do  if  she 
v>ere  twenty-one  years  of  age.    (How.  10945;  P.  A.  187,  1899.) 

VALUATION    OF    DOWER    IN    CERTAIN    CASES    WHETJ    LANDS    ALIENATED    BY    HUS- 
BAND IN  HIS  LIFETIME^ AWARD  OF  MONEiY  IN  LIEU   OF  DOWER. 

109.  In  any  suit  commenced  by  any  widow  for  the  recovery  of  dower 
in  any  lands,  which  Avere  alienated  by  her  husband  in  his  lifetime,  and 
where  dower  cannot  be  assigned  therein  by  metes  and  bounds  without  in- 
justice or  manifest  injury  to  the  widow,  or  to  the  owner  or  owners,  or 
person  or  persons  in  possession  thereof,  or  some  one  of  them,  the  court 
having  cognizance  of  the  matter  may  award  and  adjudge  a  sum  of  money 
in  lieu  of  dower  to  be  paid  to  the  widoAv,  or  may  assign  to  her,  as  tenant 
in  common,  a  just  proportion  of  the  rents,  issues  and  profits  of  said 
lands,  regard  being  had  to  the  true  value  of  the  lands  at  the  time  of 
such  alienation  by  the  husband,  and  of  the  probable  duration  of  the  life 
of  the  doweress,  at  the  time  such  money  shall  be  adjudged,  or  such 
rents,  issues  and  profits  shall  be  assigned  to  her.  (Hoav.  10946;  Sec.  77, 
Chap.  19.  P.  A.  314,  1915.) 

POAVER — AVIFE   JOINING   AVITH   GUARDIAN  OF  HUSBAND  TO   SELL  THEi  LAND  AND 
RELEASE   HER  DOAVER. 

110.  When  the  guardian  of  any  married  man  shall  be  duly  licensed 
to  sell  the  real  estate  of  his  Avard,  the  Avife  of  the  Avard  may  join  with 
the  guardian  in  the  conveyance  and  thereby  release  her  right  of  dower. 
The  proceeds  of  the  sale  niay  be  so  invested  and  disposed  of  as  to  secure 
to  her  the  same  right,  use  and  benefit  of  the  principal  sum  and  the  in- 
come thereof  that  she  Avould  have  had  in  such  real  estate  and  the  in- 
come thereof  if  it  had  not  been  sold.     Any  agreement  made  between  the 


36  MICHIGAN    STATE    LIBRARY. 

A\ire  and  the  f^uardian  of  her  husband,  for  securing  and  disposing-  of 
the  proceeds  of  any  such  sale,  or  any  part  of  such  proceeds,  for  the  pur- 
])0ses  herein  mentioned,  being  approved  and  confirmed  by  the  judge  of 
probate  who  granted  the  license  to  sell,  or  by  the  circuit  court  on  an 
appeal,  shall  be  valid  and  binding  upon  all  persons  interested  in  the 
estate.    (How.  11517-20;  C.  L.  8672-75.) 

PAYMENT   OF   GROSS    SUM,   OR    INVESTMENT^  OF   REASONABLE    SUM    FOR    RELEASE 

OF  RIGHT  TO  DOWER  IN  CASE  OP  SALE  OF  LANDS  OF  ANY  INFANT,  IDIOT. 

LUNATIC,  OR  OTHER  INCOMPEri'EiNT  PERSON^  UPON  AGREEMENT. 

111.  If  the  real  estate  of  any  infant,  idiot,  lunatic  or  other  incompe- 
tent person,  or  any  part  of  it  shall  be  subject  to  dower,  and  the  person 
entitled  to  such  dower  shall  consent  in  writing  to  accept  a  gross  sum  in 
lieu  thereof,  or  the  ])ermanent  investment  of  a  reasonable  sum,  in  such 
manner  as  that  the  interest  thereof  be  made  payable  to  the  person  en- 
titled to  such  dower,  during  life,  the  court  may  direct  the  payment  of 
such  sum  in  gross  or  the  investment  of  such  sum  as  shall  be  deemed 
reasonable  and  shall  be  acceptable  to  the  person  entitled  to  such  dower, 
in  manner  aforesaid;  which  sum  so  paid  or  invested  shall  be  taken  out 
of  the  proceeds  of  the  sale  of  the  real  estate  of  such  infant,  idiot,  luna- 
tic or  other  incompetent  person.  Before  any  such  sum  shall  be  paid,  or 
such  investment  made,  the  court  shall  be  satisfied  that  an  effectual  re- 
lease of  such  right  of  dower  has  been  executed.  (How.  120G4-5;  Sec. 
53-54,  Chap.  19,  P.  A.  314,  1915.) 

DOWER   CLAIMED  BY  TWO  OR   MORE   WIDOWS. 

112.  Where  dower  in  anj'  lands  may  be  claimed  by  two  or  more 
widows,  the  one  whose  husband  was  first  seised  therein  shall  be  first  en- 
titled thereto ;  and  in  all  cases  where  dower  in  any  lands  shall  have 
been  assigned,  or  where  it  shall  appear  that  the  OA\Tier  or  owners,  or  per- 
son or  persons  having  an  interest  therein,  shall  have  made  full  satisfac- 
tion to  and  has  obtained  a  discharge  from,  the  person  recovering  or  hav- 
ing a  y)rior  right  to  dower  therein  by  reason  of  the  prior  seisin  of  her  hus- 
band, the  said  land  shall  not  be  subject  to  any  other  claim  for  dower 
during  the  lifetitne  of  the  person  so  recovering,  or  who  has  received 
satisfaction  and  given  a  discharge  as  aforesaid.  (How.  10947;  C.  L. 
8954.) 

DRAINAGE RELEASE   OF  DOWER  IN  RIGHT  OF  WAY  NOT  NECESSARY. 

113.  It  is  not  necessary  for  the  Avife  to  sign  the  release  of  right  of 
wav,  unless  she  has  an  interest  in  the  land  other  than  her  inchoate  right 
of  dower.    (How.  3397;  Sec.  22,  P.  A.  272,  1899.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  37 


CHAPTER  VIII. 
PARTITION. 

PARTITIOX DOAVER AGREEMENT  WITH    WIDOW. 

114.  Whenever  the  estate  of  any  tenant  in  dower  has  been  admitted 
by  the  parties,  or  ascertained  by  the  court  to  be  existing  at  the  time  of 
an  order  for  sale  in  partition  proceedings,  and  the  person  entitled  to 
snch  estate  has  been  made  a  party  to  the  proceedings,  the  court  shall 
first  consider  and  determine  Avhether  the  same  should  be  sold,  and  in 
making  snch  determination,  regard  shall  be  had  to  the  interests  of  all 
the  parties.  Upon  such  sale  being  made,  payment  of  a  sum  in  gToss  out 
of  the  proceeds  to  the  person  entitled  to  such  estate  in  dower,  based 
upon  the  principles  of  law  applicable  to  annuities,  may  be  made  upon 
widow's  written  consent  to  accept  same  in  lieu  of  dower,  such  consent 
to  be  duly  acknowledged.  (How.  13254-6;  Sec.  42-44,  Chap.  31,  P.  A. 
314,  1915.) 

PARTITION DOWER WITHOUT  THE  CONSENT  OF  WIDOW. 

115.  In  cases  where  such  consent  be  not  given,  the  court  shall  ascer- 
tain and  determine  the  proper  sum  to  be  taken  out  of  the  prpceeds  and 
invested  in  permanent  securities  at  interest,  to  be  paid  annually  to  the 
partv  entitled  to  such  dower.  (How.  13257-8,  71;  Sec.  45.  46,  59,  Chap. 
31.  P.  A.  314,  1915.) 

PARTITION.  OR  ASSIGNMENT  OF  DOWEK.  IN  UNDIVIDED  SHARE   OF  REALTY. 

116.  When  partition  of  real  estate  among  heirs  or  devisees  shall  be 
required,  or  dower  is  to  be  assigned  to  a  widow  in  The  same,  and  such 
real  estate  shall  be  in  common  and  undivided  with  the  real  estate  of 
any  other  person,  the  commissioners  shall  first  divide  and  sever  the 
estate  of  the  deceased  from  the  estate  with  which  it  lies  in  common,  and 
such  division  so  made,  and  established  by  an  order  of  the  probate  cour-t, 
shall  be  binding  on  all  the  persons  interested.  (How.  11164;  Sec.  13, 
Chap.  57.  P.  A.  314,  1915.) 

PARTITION INCHOATE  DOAVER. 

117.  In  all  cases  of  sales  under  judgment  or  decree  in  j>artition,  where 
it  shall  appear  that  any  married  woman  has  an  inchoate  right  of  dower 
in  any  of  the  lands  divided  or  sold,  or  that  any  person  has  any  vested  or 
contingent  future  right  or  estate  in  such  lands,  it  shall  be  the  duty  of 
the  court  under  whose  judgment  or  decree  such  sale  is  made,  to  ascertain, 
and  settle  the  proportional  value  of  such  inchoate,  contingent,  or  vested 
right  of  estate,  according  to  the  principles  of  law  applicable  to  annuities 
and  survivorships,  and  to  direct  such  proportion  of  the  proceeds  of  the 
sale  to  be  invested,  secured  or  paid  over  in  such  manner  as  shall  be 
judged  best  to  secure  and  protect  the  rights  and  interests  of  the  parties. 
(How.  13297;  Sec.  85,  Chap.  31,  P.  A.  314,  1915.) 


38  MICHIGAN    STATE    LIBRARY, 

WIFE    MAY    RELEASE    INCHOATE    DOWER    TO    HUSBAND. 

118.  Any  married  woman  may  release  such  right,  interest  or  estate 
to  lier  Inisband  and  acknowledge  the  same,  and  upon  such  release  the 
share  of  the  sale  arising  from  her  contingent  interest  shall  be  paid  to 
her.  Such  release,  and  also  the  payment,  investment,  or  otherwise  securing 
any  share  of  the  proceeds  of  a  sale,  according  to  section  117,  supra,  shall 
be  a  bar  against  anv  such  right,  estate  or  claim.  (How.  13298-9;  Sec. 
86-7,  Chap.  31,  P.  A.  314,  1915.) 

PARTITION SALE  OF  LANDS  BELONGING  TO  INFANT  MARRIED  WOMAN. 

119.  Whenever  it  shall  appear  satisfactorily  to  the  court,  by  due 
proof  or  on  report  of  a  master,  that  any  infant  married  woman  holds 
real  estate  in  joint  tenancy  or  in  common,  or  in  any  other  manner  which 
would  authorize  her  being  made  a  party  to  a  suit  in  partition,  and  that 
the  interest  of  such  infant,  or  of  any  other  person  concerned  therein, 
requires  that  partition  of  such  estate  shall  be  made,  the  court,  upon 
petition,  may  appoint  the  husband  of  such  infant  married  woman  as 
her  guardian  and  he  may  proceed  under  the  laws  governing  general 
guardians  of  infants  in  siich  cases.  (How,  13281-4;  Sec.  G9,  70,  71.  72. 
Chap  31,  r.  A.  314,  1915.) 


CHAPTER  IX. 
DESCENT  AND  DISTRIBUTION. 

DESCENT  (real  property) . 

120.  "\Mien  any  person  shall  die  seised  of  any  lands,  tenements  or 
hereditaments,  or  of  any  right  thereto,  or  entitled  to  any  interest  there- 
in in  fee  simple,  or  for  the  life  of  another,  not  having  lawfully  devised 
the  same,  they  shall  descend,  subject  to  his  debts,  in  the  following 
manner ; 

A.  IMarried  man  leaving  issue,  or  widow  and  issue. 

One-third  to  his  widow  and  the  remaining  two-thirds  to  his  issue,  i.  e.. 
child  or  children  or  descendants  of  said  child  or  children,  and  if  he 
leaves  no  widow,  then  the  whole  thereof  to  his  issue. 

If  all  the  said  issue  are  in  the  same  degree  of  kindred  to  the  intestate, 
they  shall  share  the  estate  equally,  othermse  they  shall  take  according 
to  the  right  of  representation,  i,  e.,  if  said  issue  are  all  children,  or 
are  all  grandchildren,  they  share  equally,  but  if  said  issue  are  a  child  or 
children  of  the  intestate  and  the  issue  of  a  deceased  child  or  children  of 
inteslale,  then  the  issue  of  such  deceased  child  or  children  (the  grand- 
children) take  the  share  which  would  have  gone  to  their  parent,  if  living. 
The.se  latter  take  by  "right  of  representation." 

B.  Married  woman,  leaving  issue. 

All  goes  to  the  issue.  If  all  the  said  issue  are  in  the  same  degree  of 
kindred  to  the  intestate,  they  share  the  estate  equally,  otherwise  they 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  39 

take  according  to  the  right  of  representation.     The  husband  takes  no 
part  of  the  wife's  real  estate  when  she  leaves  issue  surviving  her. 

C.  Married  man  or  woman,  leaving  widow  or  husband  and  parent  or 
parents,  but  no  issue. 

One-half  of  the  estate  of  such  intestate  shall  descend  to  such  widow 
or  husband,  and  the  remainder  to  the  father  and  mother  of  the  intestate 
in  equal  shares,  and  if  there  be  but  one  of  the  parents  living,  then  to  the 
survivor  alone. 

D.  Man  or  woman  leaving  no  issue,  husband  or  widow,  but  a  parent 
or  parents. 

All  goes  to  the  father  and  mother  of  the  intestate  in  equal  shares,  and 
if  there  be  but  one  of  the  parents  living,  then  to  the  survivor  alone. 

E.  Man  or  woman  leaving  no  issue,  father  or  mother,  but  sister  or 
brother  or  the  issue  of  deceased  sister  or  brother. 

If  a  widow  or  husband  survive  the  deceased,  one-half  to  such  widov\' 
or  husband,  and  the  remainder  (or  all  if  no  wkloio  or  linshand  survive 
the  deceased)  to  his  or  her  brothers  and  sisters,  and  the  children  of  de- 
ceased brothers  and  sisters,  and  if  such  pei^sons  are  in  the  same  degree 
of  kindred  to  the  intestate,  they  shall  take  equally,  otherwise  they  shall 
take  by  right  of  representation:  Provided,  however,  If  such  in- 
testate shall  die  under  the  age  of  21  years  and  not  having  been  married, 
all  the  estate  that  came  to  such  intestate  by  inheritance  from  a  parent, 
which  has  not  been  lawfully  disposed  of,  shall  descend  to  the  other  chil- 
dren and  the  issue  of  deceased  children  of  the  same  parent,  if  there  be 
such  children  or  issue,  and  if  such  persons  are  in  the  same  degree  of 
kindred  to  said  intestate  they  shall  take  equally,  otherwise  by  right  of 
representation. 

F.  Man  or  woman,  leaving  no  issue,  husband,  widow,  father,  mother, 
brother,  sister,  or  child  of  a  deceased  brother  or  sister. 

All  goes  to  the  next  of  kin  in  equal  degree,  excepting  that  when  there 
are  two  or  more  collateral  kindred  in  equal  degree  but  claiming  through 
different  ancestors,  those  who  claim  through  the  nearest  ancestor  shall 
be  preferred  to  those  claiming  through  an  ancestor  more  remote. 

G.  Man  or  woman  leaving  widow  or  husband,  but  no  issue,  father, 
mother,  brother,  sister,  or  child  of  a  deceased  brother  or  sister. 

All  goes  to  widow  or  the  husband  of  the  intestate.  (How.  10959;  C. 
L.  9064,  amended  P.  A.  286,  1909.) 

See  section  123.  infra,  re  distribution  of  personal  property. 

PROVISION   FOR   WIDOW   IX   LIEU  OF  DOWER  AND   HOMESTEAD ELECTION. 

121.  The  foregoing  provision  for  the  widow  is  in  lieu  of  her  dower  and 
homestead  right,  unless  she  shall,  within  one  year  after  letters  of  ad- 
ministration have  been  granted  upon  the  estate  of  her  deceased  husband, 
begin  proceedings  for  the  assignment  to  her  of  such  dower  and  home- 
stead, in  which  case  her  interest  in  the  lands  of  her  deceased  husband 
shall  be  limited  to  such  dower  and  homestead  and  the  residue  of  such 
estate  shall  then  descend  as  lierein  provided  for  the  portion  thereof  not 
taken  by  such  widow:  Provided,  That  the  judge  of  probate  may,  any 
time  before  the  estate  is  closed,  upon  petition  of  the  widow,  after  notice 
to  all  persons  interested,  pemiit  the  widow  to  begin  proceedings  and  to 
have  her  dower  and  bomostead  right  the  same  as  though  she  had  done 
so  within  the  year  hereinbefore  provided,  when  on  account  of  litigation 


40  MICHIGAN    STATE    LIBRARY. 

couiiectcd  wiili  tlio  t'stali'  or  the  establishment  of  further  claims  against 
tlie  deceased,  or  anv  other  cause,  he  deems  it  proper  so  to  do,  and  said 
judge  shall,  in  such  order,  limit  the  time  within  which  the  widow  shall 
begin  such  ])]-oceedings :  Provided  furtJwr,  That  in  case  the  ad- 
ministrator shall,  after  the  expiration  of  the  year  herein  provided  and 
befoie  such  order  of  the  court  permitting  the  widow  to  take  her  dower, 
have  sold  and  conveyed  real  estate  of  the  deceased,  the  widow's  dower 
and  homestead  shall  be  set  off  to  her  out  of  the  lands  not  so  conveyed, 
but  to  the  amount  and  value  she  was  entitled  to  at  the  death  of  her 
husband,  if  so  much  remains  unsold.  (How.  10959:  C.  L.  9064,  amended 
r.  A.  2S0.  1909.) 

WHEN    LANDS  ESCHEAT. 

IL'L*.  If  the  intestate  shall  leave  no  wife  or  husband  or  kindred,  his 
or  her  estate,  as  the  case  mav  be,  shall  escheat  to  the  people  of  this 
State  for  the  use  of  the  primary  school  fund.  (How.  10959;  C.  L.  9064, 
amended  V.  A.  286.  1909.) 

DISTRIBUTION     (PERSONAL    PROPERTY). 

123.  When  any  person  shall  die  possessed  of  any  personal  estate,  or 
of  any  right  or  interest  therein  not  lawfully  disposed  of  by  his  last 
will,  the  same  shall  be  applied  and  distributed  as  follows: 

A.  Specific  articles  allowed  to  widow. 

The  widow,  if  any,  shall  be  allowed  all  her  articles  of  apparel  and 
ornaments,  and  all  wearing  apparel  and  ornaments  of  the  deceased,  and 
the  household  furniture  of  the  deceased,  and  other  personal  property,  to 
be  selected  by  her,  not  exceeding  in  value  two  hundred  dollars,  and  the 
allowance  shall  be  made  as  well  when  the  widow  waives  the  provision 
made  for  her  in  the  will  of  her  husband  as  when  he  dies  intestate. 

See  also  section  132,  infra. 

B.  Allowance  to  Avidow  and  children  for  maintenance  pending  settle- 
ment of  estate. 

The  widow  and  children  constituting  the  famil}^  of  the  deceased  shall 
have  such  reasonable  allowance  out  of  the  estate  as  the  probate  court 
shall  judge  necessary  for  their  maintenance  during  the  progress  of  the 
settlement  of  the  estate,  according  to  their  circumstances,  which,  in 
( ase  of  an  insolvent  estate,  shall  not  be  longer  than  one  year  after 
granting  administration,  nor  for  any  time  after  the  dower  anil  personal 
estate  shall  be  assigned  to  the  widow. 

C.  Allowance  for  maintenance  of  children  until  ten  years  of  age  when 
left  with  no  mother  or  mother  dies  before  they  reach  that  age  or  when 
mother  insane. 

When  a  person  shall  die  leaving  children  under  ten  years  of  age,  hav- 
ing no  mother,  or  when  the  mother  shall  die  before  the  children  shall 
airive  at  the  age  of  ten  years  or  where  the  mother  shall  have  been  ad- 
judgd  insane  by  any  court  of  competent  jurisdiction  and  shall  not  have 
recovered  her  sanity  before  such  children  arrive  at  the  age  of  ten  years, 
an  allowance  shall  be  made  for  the  necessary  maintenance  of  such  chil- 
dren until  they  arrive  at  the  age  of  ten  years,  out  of  such  part  of  the 
l)ersonal  estate  and  the  income  of  the  real  estate  as  would  have  been 
assigned  to  the  mother  if  she  had  been  living  and  sane. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  41 

D.  Disposition  of  estate  not  exceeding  above  allowances  by  more 
than  1150. 

If,  on  the  return  of  the  inventory  of  any  intestate  estate,  it  sliall 
appear  that  the  value  of  the  whole  estate  does  not  exceed  the  sum  of  one 
hundred  fifty  dollars  over  and  above  the  allowance  above  provided  for, 
the  probate  court  may,  by  a  decree  for  that  pur|)ose,  assign  for  the 
use  and  support  of  the  widow  and  children  of  such  intestate,  or  for  the 
support  of  the  children  under  ten  years  of  age,  if  there  be  no  widow,  the 
whole  of  such  estate,  after  the  payment  of  the  funeral  charges  and  ex- 
penses of  administration. 

See  also  section  136,  infra. 

E.  Payment  of  debts  of  deceased,  funeral  expenses  and  expenses  of 
settling  estate. 

If  the  personal  estate  shall  amount  to  more  than  one  hundred  fifty  dol- 
lars and  more  than  the  allowance  mentioned  in  the  preceding  paragraph, 
the  same  shall  be  applied  to  the  payment  of  the  debts  of  the  deceased, 
with  the  charges  of  the  funeral  and  of  settling  his  estate. 

vSee  also  sections  137  to  139,  infra. 

F.  Distribution  of  residue  of  personal  estate. 

(1)  Man  or  woman  leaving  widow  or  husband,  and  issue. 
One-third  to  the  widow  or  husband  and  the  remaining  two-thirds  to 

her  or  his  children,  or  the  issue  of  any  deceased  child  or  children,  if 
any  there  be,  by  right  of  representation,  except  that  if  there  be  but 
one  child  or  the  issue  of  a  deceased  child,  her  or  him  surviving,  then 
such  residue  shall  be  divided  between  such  widow  or  husband  and  such 
child  or  the  issue  of  such  deceased  child,  as  aforesaid,  in  equal  pro- 
portions. 

(2)  Man  or  woman  leaving  no  widow,  or  husband,  or  child,  but  leav- 
ing issue. 

All  goes  to  lineal  descendants  of  the  intestate,  and  if  all  said  descend- 
ants are  in  the  same  degree  of  kindred  to  the  intestate,  they  shall  share 
the  estate  equally,  otherwise  by  right  of  representation. 

(3)  Man  or  woman  leaving  widow  or  husband,  but  no  issue  surviving. 

(a)  Man, 

All  the  residue  up  to  three  thousand  dollars  goes  to  the  widow,  and 
all  over  three  thousand  dollars  is  divided,  one-half  to  the  widow  and  the 
other  half  to  the  father  and  mother  of  the  deceased,  if  living,  in  equal 
shares;  if  either  parent  be  deceased,  such  share  shall  go  to  the  survivor; 
if  both  parents  be  deceased,  such  share  shall  be  distributed  equally  to 
the  brothers  and  sisters  and  the  lineal  descendants  of  any  deceased 
brother  or  sister  by  right  of  representation. 

(b)  Woman. 

One-half  of  said  residue  goes  to  the  husband  and  the  other  half  goes 
to  her  father  and  mother,  if  living,  in  equal  shares;  if  either  parent  be 
deceased,  such  share  shall  go  to  the  survivor;  if  both  parents  be  deceased 
such  share  to  be  distributed  equally  to  the  brothers  and  sisters  and 
the  lineal  descendants  of  any  deceased  brother  or  sister  by  right  of 
representation. 

(4)  Man  or  woman  leaving  widow  or  husband,  but  neither  issue  nor 
father,  mother,  brother,  or  sister,  or  children  of  such  brother  or  sister. 

All  goes  to  the  widow  or  husband  of  the  intestate. 

(5)  All  other  cases. 


42  MICHIGAN    STATE    LIBRARY. 

The  residue  in  all  otlier  cases  is  to  he  disliihuted  in  The  same  proportion 
and  to  the  sanu*  j>ersons,  and  for  the  same  purposes,  as  prescribed  for 
the  descent  and  disposition  of  the  real  estate.  (How.  11038;  Sec.  1, 
chap  57,  P.  A.  314,  1915.) 

See  Section  120,  supra,  re  Descent  of  Real  Property. 

WHO  ENTITLED   TO  ADMINISTER  ESTATE, 

124.  The  widow,  husband  or  next  of  kin,  or  a  grantee  of  the  interest 
of  one  or  more  of  them,  or  such  of  them  as  the  judge  of  probate  may 
think  proper,  or  such  person  or  persons  as  the  widow,  husband,  next 
of  kin  or  grantee  may  request  to  have  appointed,  if  suitable  and  compe- 
tent to  discharge  the  trust,  shall  have  the  preference  for  appointment  as 
administrator.    (How.  11040;  Sec.  2,  Chap.  53,  P.  A.  314,  1915.) 

ILLEGITIMATE    CHILD    INHERITS    FROM    MOTHER    BUT    CANNOT    CLAIM 
BY   REPRESENTATION. 

125.  An  illegitimate  child  is  considered  as  an  heir  of  his  mother  and 
inherits  her  estate  in  like  manner  as  if  born  in  lawful  wedlock,  but  is  not 
allowed  to  claim,  as  representing  his  mother,  any  part  of  the  estate  of 
any  of  her  kindred,  either  lineal  or  collateral.    (How.  10960;  C.  L.  9065.) 

WHO    MAY   INHERIT   FROM    ILLEGITIMATE   CHILD. 

126.  If  any  illegitimate  child  shall  die  intestate,  -without  lawful  issue, 
his  estate  shall  descend  to  his  mother;  if  she  be  dead,  it  shall  descend  to 
the  relatives  of  the  intestate  on  the  part  of  the  mother,  as  if  the  intestate 
had  been  legitimate.    (How.  10961;  C.  L.  9066.) 

LEGITIMATION  OF   ILLEGITIMATE   CHILD. 

127.  When  after  the  birth  of  an  illegitimate  child,  his  parents  shall 
intermarry,  or  without  such  marriage,  if  the  father  shall,  by  writing 
under  his  hand,  acknowledge  such  child  as  his  child,  such  child  shall  be 
considered  legitimate  for  all  intents  and  purposes :  Provided,  That 
such  acknowledgment  shall  be  executed  and  acknowledged  in  the  same 
manner  as  may  be  by  law  provided  for  the  execution  and  acknowledg- 
ment of  deeds  of  real  estate,  and  be  recorded  in  the  office  of  the  judge 
of  probate  of  the  countv  in  which  such  father  is  at  the  time  a  resident. 
(How.  10962;  C.  L.  9067.) 

DEGREES  OF   KINDRED. 

128.  The  degrees  of  kindred  shall  be  computed  according  to  the  rules 
of  the  civil  law,  i.  e.,  by  counting  up  the  line  to  the  common  ancestor 
and  then  down  to  the  person  whose  degree  of  kinship  is  being  computed; 
and  kindred  of  the  half  blood  shall  inherit  equally  with  those  of  the 
whole  blood  in  the  same  degree,  nnless  the  inheritance  come  to  the  in- 
testate by  descent,  devise  or  gift  of  some  one  of  his  ancestors,  in  which 
case,  all  those  who  are  not  of  the  blood  of  such  ancestor  shall  be  excluded 
from  such  inheritance.    (How.  10963;  C.  L.  9068.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  43 

ADOPTED  CHILDREN. 

129.  Whenever  any  person  heretofore  or  hereafter  a(loi)te(l  by  any 
person  or  persons,  with  intent  to  make  siicli  person  an  heir  at  law  of 
the  person  or  persons  adopting-  the  same,  shall  die  intestate,  leaving  no 
issue,  any  real  estate  possessed  by  such  jierson  at  the  time  of  his  or  her 
decease  Avhicli  has  come  to  such  person  from  or  through  such  adopting 
])arent  or  parents,  shall  descend  to  the  same  persons  and  in  the  same 
manner  as  though  such  person  had  been  the  natural  child  of  the  person 
or  persons  from  or  through  whom  such  estate  shall  have  come  as  afore- 
said.    (HoAv.  10972;  C.  L.  9077.) 

BIGAMOUS   WIFE  OR    HUSBAND, 

130.  No  person,  who,  at  the  time  of  the  death  of  the  lawful  husband 
or  wife  of  such  person,  was  or  shall  be  living  with  another  person,  within 

■  or  Avithout  the  State,  pursuant  to  a  purported  marriage  but  in  fact  in 
a  bigamous  relation,  shall  inherit  or  take  any  estate,  right  or  interest 
whatever,  by  way  of  dower,  allowance,  inheritance,  distribution  or  other- 
wise, in  the  propertv  of  estate,  real  or  personal,  of  the  deceased.  (How. 
10973;  P.  A.  327,  1905.) 


CHAPTER  X. 
WILLS. 

CAPACITY    OF   WOMEN   TO  DEVISE    AND    BEQUEATH    PROPERTY. 

131.  Every  Avoman.  married  or  single,  of  full  age  and  sound  mind, 
may  devise  and  bequeath  all  her  right,  title  and  interest  in  all  of  her  real 
and  personal  property  in  the  manner  provided  by  the  general  laws  of 
this  state  relating  to  Avills. 

See  sections  50.  63  and  G8.  supra. 

LIMITATIONS  ON   MARRIED    AIAN's  POWER  TO  AVILL   PERSONAL  PROPERTY. 

132.  All  dispositions  of  personal  property  by  last  Avill  and  testament 
shall  be  subject  to  the  following  limitations  and  restrictions: 

A.  If  the  testator  shall  leave  surviving  him  a  wife,  the  testamentary 
disposition  shall  be  subject  to  the  election  of  such  Avife  to  take  any 
interest  that  may  be  given  to  her  by  the  testator  in  his  last  Avill  and 
testament;  or,  in  lieu  thereof,  to  take  the  sum  or  share  that  would  have 
passed  to  her  under  the  statute  of  distributions  (see  section  123-F, 
supra)  had  the  testator  died  intestate,  until  the  sum  shall  amount  to  five 
thousand  dollars,  and,  of  the  residue  of  the  estate,  one-half  the  sum  or 
share  that  Avould  have  passed  to  her  under  the  statute  of  distributions, 
had  the  testator  died  intestate;  and,  in  case  no  proATsion  be  made  for 
her  in  said  will,  she  shall  be  entitled  to  the  election  aforesaid. 

B.  If  in  any  Avill  any  special  devise  or  bequest  is  made  to  the  Avife 
in  lieu  of  any  particular  thing  or  any  particular  interest  to  Avhich  such 
wife  might  be  entitled  in  case  of  intestacy,  the  election  by  the  Avife  to 


44  MICHIGAN    STATE    LIBRARY. 

take  the  special  devise  or  bequest,  or  the  other  particuhir  thing  or 
interest  in  lieu  of  which  it  is  given,  shall  not  deprive  the  party  electing, 
or  any  other  person,  of  the  right  to  leave  the  testamentary  disposition 
of  j)ro})erty  in  all  other  respects  unaffected  and  unimpaired  and  to  have 
the  benefit  of  any  other  provisions  tlierein,  the  same  as  he  or  she  woubl 
have  had,  if  this  act  had  not  been  passed.  (How.  11013;  Sec.  33,  Chap. 
52,  P.  A.  314,  1915.) 

widow's  election  in  such  cases,  how   made. 

133.  The  election  to  take  otherwise  than  under  the  will,  in  any  con- 
tingency above  contemplated,  shall  be  made  in  writing  and  filed  in  the 
court  in  which  proceedings  for  the  settlement  of  the  estate  are  being 
taken,  within  one  year  from  the  probate  of  the  will ;  and  the  failure  to 
file  such  election  within  the  time  above  provided  shall  be  deemed  an 
election  to  take  under  the  will.  (How.  11014;  Sec.  34,  Chap.  52,  P.  A. 
314,   1915.) 

As  to  widow's  election  between  provision  in  will  and  dower,  see  sec- 
tion 93,  supra. 


CHAPTER  XT. 

SETTLEMENT  OF  ESTATES. 

Most  laws  relative  to  the  settlement  of  estates  are  ecjually  applicable 
to  men  and  women.  Only  those  provisions  pertaining  especially  to 
women  are  included  in  this  chapter. 

ALLOWANCE    FOR    MAINTENANCE    OF    WIDOW    AND    MINOR    CHILDREN.    WIDOW'S 

DOWER.  AND  OTHER  LIMITATIONS  ON  THE  SALE  OF  THE  ESTATE 

OF    THE    DECEASE©    PERSON    TO    PAY    DEBTS. 

134.  All  the  estate  of  a  deceased  person,  real  and  personal,  except  the 
widow's  dower,  may  be  sold  by  the  executor  or  the  administrator  if 
necessary  for  the  payment  of  debts  of  the  estate  and  the  expenses  of 
administration,  and  the  probate  court  may  make  such  reasonable  allow- 
ance as  may  be  judged  necessary  for  the  expenses  of  the  maintenance  of 
the  widow  and  minor  children,  or  either,  constituting  the  family  of  the 
deceased,  out  of  his  estate  during  the  progress  of  the  settlement  of  the 
estate,  but  ne\'er  for  a  longer  period  than  until  their  shares  in  the 
estate  shall  be  assigned  to  them  or  for  longer  than  one  year  in  anv 
case.     (Sec.  22,  Chap.  52,  and  Sec.  5,  Chap.  54,  P.  A.  314,  1915.) 

See  also  section  123- A  to  D,  supra. 

FAMILY    in    possession    NOT   TO   BE   NEEDLESSLY   DISTURBED. 

135.  The  executor  or  administrator  is  empowered  to  take  possession 
of  both  the  real  and  personal  estate  of  the  deceased,  but  he  is  not  em- 
powered to  interfere  with  the  possession  of  the  homestead.  It  is  not 
expected  that  he  will  disturb  the  possession   of  the  decedent's  family 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  45 

except  SO  far  as  the  }(i-(»i»ei-  diseliaijie  of  his  duties  iiiav  ie(|uii-e  it.    (Sec. 
0.  Chap.  54,  r.  A.  :U4.  1015;  Brown  v.  Forsche.  il)  Mich.  41)7.) 

SETTLEMENT   OP    ESTATES    OP    LIMITED    V.VLIIE NOT   EXCEEDING    ONE    IIl^NDRED 

FIFTY    DOLLARS   EXCLUSIVE   OF   FUKNITURB    AND   OTHER   PER- 
SONAL PROPERTY   ALLOWED   TO  THE   WIDOW. 

130.  Wlien  the  value  of  the  whole  estate,  exclusive  of  the  fnniiUire 
and  other  personal  property  alloAved  to  the  widow,  shall  not  exceed  one 
luindred  fifty  dollars,  and  shall  be  assipjned  for  the  support  of  the  widow 
and  children,  as  provided  by  law,  snch  assionment  shall  be  deemed  a 
full  and  final  administration  and  a  bar  to  all  claims  against  the  estate. 
(How.  11078;  Sec.  1,  Chap.  55,  P.  A.  314,  1915.) 

See  section  123-D,  supra. 

SETTLEMENT    OF    ESTATE    OF    INTESTATE    LEAVING   A    WIDOW    OR   CHILDREN^    NO 

REAL   ESTATE,  AND   LESS  THAN    FIVE   HUNDRED   DOLLARS 

WORTH    OF   PERSONALTY. 

137."  When  application  shall  be  made  to  the  judge  of  probate  for  the 
appointment  of  an  administrator  on  an  intestate  estxite,  such  petition 
may  contain  in  addition  to  other  matters  therein  required  to  be  set  forth, 
the  following: 

A.  A  true  and  complete  inventory  of  the  estate  of  said  deceased,  ap- 
praised under  oath  by  one  or  more  freeholders  of  the  county  at  its  true 
cash  value. 

B.  A  bond  running  to  the  judge  of  probate  in  the  penal  sum  of  not 
less  than  three  hundred  dollars,  with  such  surety  or  sureties  as  the  judge 
of  probate  may  approve,  conditioned  for  the  payment  of  the  funeral  ex- 
penses of  said  deceased  within  one  year  from  the  date  of  death  of  such 
deceased.    (Sec.  24,  Chap.  53,  P.  A.  314,  1915.) 

same;    APPOINTMENT  OP  ADMINISTRATOR. 

138.  If  from  such  petition  and  from  such  investigation  as  the  judge 
of  probate  may  deem  necessary  and  proper,  it  shall  appear  to  the 
satisfaction  of  the  court  that  said  deceased  left  surviving  him  a  widow 
or  children  under  the  age  of  sixteen  years,  or  both ;  that  said  deceased 
died  seise^l  of  no  real  estate;  and  that  the  personal  estate  of  such  de- 
ceased, appraised  at  its  true  cash  value,  amounts  to  less  than  the  sum 
of  five  hundred  dollars,  the  court  may  thereupon  grant  administration  of 
said  estate  to  such  petitioner  or  some  other  suitable  person  forthwith 
without  further  notice,  and  may  issue  letters  of  administration  to  such 
administrator  without  requiring  further  bonds.  (Sec.  25,  Chap.  53,  P. 
A.  314,  1915.) 

same;    FINAL    SETTLEMENT DISCHARGE   OF   ADMINISTRATOR. 

139.  Whenever  it  shall  appear  to  the  satisfaction  of  the  judge  of  pro- 
bate that  the  administrator  appointed  under  the  provisions  of  the  fore- 
going paragraph  has  paid  or  caused  to  be  paid  the  funeral  expens<^s  of 
said  deceased,  and  has  paid  over  to  the  widow  of  said  deceased,  or  in 
ca.se  there  shall  be  no  widow,  to  the  guardian  of  the  minor  children  of 


46  MICHIGAN    STATE    LIBRARY. 

said  deceased,  all  the  balance  and  residue  of  said  estate,  the  court  may 
forthwith  discharge  such  administrator  without  further  accounting  and 
without  notice.    (Sec.  26,  Chap.  53,  P.  A.  3U,  1915.) 


CHAPTER  XII. 
EXEMPTIONS. 

PERSONAL  PROPERTY  EXEMPT  FROM  EXECUTION. 

140.  In  accordance  wath  Section  1,  Article  XIV  of  the  Constitution, 
providing  that  the  personal  property  of  every  resident  of  this  state,  to 
consist  of  such  property  only  as  shall  be  designated  by  law,  shall  be 
exempted  to  the  amount  of  not  less  than  five  hundred  dollars  from  sale 
on  execution  or  other  final  process  of  any  court,  the  legislature  has 
designated  the  following  personal  property  as  exempt  from  levy  and  sale 
under  any  execution  or  upon  any  other  final  process  of  a  court : 

A.  All  sewing  machines,  not  exceeding  one  machine  for  each  family, 
all  spinning  wheels,  weaving  looms  with  the  apparatus,  and  stoves  put 
up  and  kept  for  use  in  any  dwelling  house. 

B.  A  seat,  pew  or  slip,  occupied  by  such  person  or  family  in  any 
house  or  place  of  public  worship. 

C.  All  cemeteries,  tombs  and  rights  of  burial,  while  in  use  as  reposi- 
tories of  the  dead. 

D.  All  anus  and  accoutrements  required  by  law  to  be  kept  by  any 
person ;  all  wearing  apparel  of  every  person  or  family. 

E.  The  library  and  school  books  of  every  individual  and  family,  not 
exceeding  one  hundred  and  fifty  dollars  in  value,  and  all  family  pictures. 

F.  To  each  householder,  ten  sheep,  with  their  fleeces,  and  the  yarn 
or  cloth  manufactured  from  the  same;  two  cows,  five  swine,  and  provi- 
sions and  fuel  for  comfortable  subsistence  of  such  householder  or  family 
for  six  months. 

Ct.  To  each  householder,  all  household  goods,  furniture  and  utensils, 
not  exceeding  in  value  two  hundred  and  fifty  dollars. 

H.  The  tools,  implements,  materials,  stock,  apparatus,  team,  vehicle, 
horses,  harness,  or  other  things,  to  enable  any  person  to  carry  on  the 
profession,  trade,  occupation  or  business  in  which  he  is  wholly  or  princi- 
])ally  engaged,  not  exceeding  in  value  two  hundred  and  fifty  dollars. 
The  word  ''team"  in  this  subdivision  shall  be  construed  to  mean  either 
one  yoke  of  oxen,  a  horse,  or  a  pair  of  horses,  as  the  case  may  be.  The 
property  mentioned  in  this  subdivision  is  not  exempt  from  execution 
issued  upon  a  judgment  for  the  purchase  money  for  the  same  property. 

I.  A  suflScient  quantity  of  hay,  grain,  feed  and  roots,  whether  grow- 
ing or  otherwise,  for  properly  keeping  for  six  months  the  animals  in  the 
several  subdivisions  of  this  section  exempted  from  execution,  and  any 
chattel  mortgage,  bill  of  sale,  or  other  lien  created  on  any  part  of  prop- 
erty above  desci-ibod,  except  such  as  is  mentioned  in  subdivision  "H"  of 
this  section,  shall  he  void,  unless  such  mortgage,  bill  of  sale  or  lien  be 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  47 

signed  by  the  wife,  if  lie  have  any,  of  the  party  making  ^Jiu-h  mort- 
gage, bill  of  sale  or  lien. 

J.  The  shares  held  by  any  member,  being  a  householder,  of  any 
association  incorporated  under  the  provisions  of  act  nural)er  seventeen 
of  1901,  relating  to  mutual  building  and  loan  associations,  shall  be  ex- 
empted from  levy  and  sale  on  execution  or  attachment  to  the  amount  of 
one  thousand  dollars  in  such  shares,  at  the  par  value  thereof:  Pro- 
mdecl.  That  such  exemption  shall  not  apply  to  any  person  who  shall 
have  a  homestead  exempted  under  the  general  laws  of  this  state.  (Sec. 
43,  44,  4,5,  Chap.  23,  P.  A.  314,  1915.) 

See  also  sections  136  to  139,  supra. 

HOMESTEADS QUANTITY   AND  VALUE  EXEMPT. 

141.  Every  homestead  of  not  exceeding  forty  acres  of  land  and  the 
dwelling  house  thereon  and  the  appurtenances  to  be  selected  by  the 
owner  thereof,  and  not  included  in  any  town  plat,  city  or  village;  or 
instead  thereof,  at  the  option  of  the  owner,  a  quantity  of  land  not  ex- 
ceeding in  amount  one  lot  in  any  city,  village  or  recorded  town  plat,  and 
the  dwelling  house  thereon  and  its  appurtenances,  owned  and  occupied 
by  any  resident  of  the  state,  not  exceeding  in  value  fifteen  hundred  dol- 
lars, shall  be  exempt  from  forced  sale  on  execution  or  any  other  final 
process  from  a  court,  for  any  debt  or  debts  growing  out  of  or  founded 
upon  contract,  either  express  or  implied.  Such  exemption  shall  not 
extend  to  any  mortgage  thereon  lawfully  obtained,  but  such  mortgage 
or  other  alienation  of  such  land  by  the  owmer  thereof,  if  a  married  man, 
shall  not  be  valid  without  the  signature  of  his  wife  to  the  same,  un- 
less such  mortgage  shall  be  given  to  secure  the  payment  of  the  purchase 
money  or  some  portion  thereof.  The  law  is  deemed  and  construed  to 
exempt  such  homestead  during  the  time  it  shall  be  occupied  by  the 
widow  or  minor  child  or  children  of  any  deceased  person  who  was.  when 
living,  entitled  to  the  benefits  of  the  act.  The  provision  extending  the 
protection  of  the  homestead  for  the  benefit  of  the  widow  and  children 
after  the  OAvner's  death  does  not  exempt  the  fee  in  homestead  lands  from 
sale,  but  exempts  the  land  only  while  it  is  occupied  as  a  homestead  by 
the  M'idow  and  minor  children.  Subject  to  the  liomestead  rights  of  the 
widow  and  children,  the  lands  are  assets  when  needed  for  the  payment 
of  debts  of  the  estate.  fSec.  2,  3.  4,  Art.  XIV,  Const.;  How.  13072-3; 
Sec.  73-74,  Chap.  23.  P.  A.  314,  1915.) 

IN   WHAT  LANDS    HOMESTEAD  RIGHT   MAY   EXIST HOUSE  OX    LAND   DELONGING 

TO  ANOTHER. 

142.  Homestead  rights  may  exist  in  lands  held  in  joint  tenancy  or 
tenancy  in  common  (Cleaver  v.  Bigelow,  01  ]Mich.  47;  Vermont  Savings 
Bank  v.  Elliott.  53  Mich.  256),  but  there  cannot  be  two  homesteads  at 
the  same  time  (Wheeler  v.  Smith,  62  Mich.  373)  ;  nor  can  the  right  exist 
in  two  distinct  places  (LaPlant  v.  Tvester,  150  Mich.  336).  Any  person 
owning  and  occupying  any  house  on  land  not  his  own,  and  claiming  said 
house  as  a  homestead,  shall  be  entitled  to  the  exemption  aforesaid. 
(How.  13077;  Sec.  78,  Chap.  23,  P.  A.  314,  1915.) 


48  MICHIGAN    STATE    LIBRARY. 

DISPOSITION    OU   FORFEITURE   OF    HOJklESTEAD    RIGHTS. 

143.  A  widoAV  may  not  dispose  of  the  children's  homestead  right 
(Gerber  v.  Upt(m,  123  Mich.  605),  but  a  widow  whose  only  child  dies 
after  her  husband,  and  who  marries  again,  thereby  absolutely  forfeits 
all  further  homestead  rights  in  the  property  left  by  her  former  husband 
(Dei  V.  llabel,  41  Mich.  88). 

HOMESTEAD  NOT  EXEMPT   FROM   TAXATION EXCEPTION. 

144.  Homesteads  are  subject  to  taxation,  except  that  all  real  estate 
used  as  a  homestead  not  exceeding  in  value  |1,200  of  any  widow 
of  any  soldier  or  sailor  of  the  Federal  Government  who  served  three 
months  or  more  during  the  Civil  war,  upon  such  widow's  making 
and  tiling  with  the  supervisor  or  assessing  officer  an  affidavit  stat- 
ing under  oath  that  she  is  the  widow  of  a  soldier  or  sailor  of  the 
Federal  Government  who  served  not  less  than  three  months  as  such  sol- 
dier or  sailor  during  the  Civil  war,  will  be  exempt  from  taxation.  (How. 
13078 ;  Sec.  70.  Chap.  23,  P.  A.  314,  1915 ;  C.  L.  3830,  amended  P.  A.  309, 
1909.) 

PROCEDURE  WHEN   HOMESTEAD   EXCEEDS  ONE  THOUSAND   FIVE   HUNDRED 
DOLLARS  IN  VALUE. 

145.  When  land  or  property  claimed  as  a  homestead  exceeds  one 
Thousand  five  hundred  dollars  in  value,  the  owner  may  be  required  to 
pay  the  surplus  of  appraised  value  or  the  homestead  must  be  sold,  one 
thousand  five  hundred  dollars  of  the  proceeds  to  be  turned  over  to  the 
owner  (which  $1,500  is  exempt  from  levy  or  execution  for  one  year  there- 
after) and  the  balance  to  be  applied  on  the  execution.  (Sec.  80-81,  Chap. 
23,  P.  A.  314,  1915.) 

SALE   OF    HOMESTEAD   OF    DECEASED    PERSONS    TO    PAY    DEBTS. 

146.  If  all  or  part  of  the  homestead  is  needed  to  pay  the  debts  of  the 
estate  of  a  deceased  person,  or  a  person  under  guardianship,  and  it  is 
appraised  at  more  than  one  thousand  five  hundred  dollars,  and  the 
land  cannot  be  divided  so  as  to  leave  the  homestead  within  the  one  thou- 
sand five  hundred  dollar  valuation,  the  entire  tract  or  lot  may  be  sold, 
one  thousand  five  hundred  dollars  to  go  to  the  executor,  administrator, 
or  guardian  for  the  benefit  of  the  widow,  ward,  Avife,  or  family  as  the 
case  may  be;  to  be  invested  under  the  direction  of  the  probate  judge  in 
a  new  homestead  or  otherwise  in  proper  securities ;  and,  in  Avhatever 
fonn.  to  remain  exempt  from  payment  of  debts  of  deceased  and  expense 
of  administering  his  estate  in  the  same  manner  as  a  legal  homestead, 
had  deceased  left  one,  would  have  remained  exempt;  and  shall  finally 
descend  according  to  the  laws  governing  the  descent  of  real  property; 
or  upon  the  termination  of  the  guardianship  shall  be  paid  to  the  ward. 
(How.  13081-4;  Sec.  45-48,  Chap.  59,  P.  A.  314,  1915.) 

MECHANICS^  LIENS  ON  HOMESTEADS  OR  I^ND   HELD  JOINTLY   BY   HUSBAND 
AND   WIFE. 

147.  In  case  title  to  lands  upon  which  improvements  are  made  is 
held  by  husband  and  wife  jointly,  or  in  case  the  lands  upon  which  such 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  49 

improvements  are  made  are  held  and  ocenpied  as  a  homestead,  the  lien 
given  to  mechanics  and  others  for  improvements  attaches  to  such  lauds 
and  improvements  only  if  the  improvements  be  made  in  pursuance  of 
a  contract  in  writing  signed  by  both  the  husband  and  the  wife.  However, 
the  lien  attaches  to  property  occupied  as  a  homestead  as  to  the  excess 
over  the  one  thousand  five  hundred  dollar  exemption,  even  though  the 
^^-ife  does  not  join  in  the  contract.  (How.  13767;  C.  L.  10711;  Scott  v. 
Keeth,  152  Mich.  547.) 

INHERITANCE. TAX EXEMPTIONS   FOR    AVIDOWS   AND  OTHERS. 

148.  The  inheritance  tax  law,  providing  for  the  taxation  of  inheri- 
tances, transfers  of  property  by  will,  transfer  of  property  by  deed,  grant, 
bargain,  sale,  or  gift  made  in  contemplation  of  the  death  of  the  grantor, 
vendor,  or  donor,  or  intended  to  take  effect  in  possession  or  enjoyment 
at  or  after  his  death,  where  such  property  equals  or  exceeds  five  hun- 
dred dollars  in  value,  makes  the  following  exception : 

When  the  property  or  any  beneficial  interest  therein  passes  by  any 
such  transfer  to  or  for  the  use  of  one  or  more  of  the  following  named 
persons :  Grandfather,  grandmother,  father,  mother,  husband,  v/ife,  child, 
brother,  sister,  wife  or  widov»'  of  a  son,  or  the  husband  of  a  daughter,  or 
to  or  for  the  use  of  any  child  or  children  adopted  as  such  in  conformity 
with  the  laws  of  this  state  or  any  other  state  or  country,  of  the  decedent, 
grantor,  donor  or  vendor;  or  to  or  for  the  use  of  any  persons  to  whom 
any  such  decedent,  grantor,  donor,  or  vendor  stood  in  the  mutually 
acknowledged  relation  of  a  parent :  Provided  however.  That  such 
relationshi]>  began  at  or  before  the  child's  seventeenth  birthday  and  con- 
tinued until  the  death  of  such  decedent,  grantor,  donor,  or  vendor;  or 
to  or  for  the  use  of  any  lineal  descendant  of  such  decedent,  grantor, 
donor  or  vendor;  such  transfer  of  property  shall  not  be  taxable  under 
this  act,  unless  it  is  personal  property  of  the  clear  market  value  of 
|2,000,  oi'  over,  and  when  the  transfer  is  to  wife,  such  transfer  of  prop- 
erty shall  not  be  taxable  unless  it  is  personal  property  to  the  clear  mar- 
ket value  of  five  thousand  dollars  or  over,  in  which  case  the  entire  trans- 
fer shall  be  taxed  under  this  act  at  the  rate  of  one  per  cent  upon  the 
clear  market  value  thereof.  The  exemptions  of  this  section  shall  apply 
and  be  granted  to  each  beneficiary's  interest  therein,  and  not  to  the 
entire  estate  of  a  decedent.  No  deductions  or  exemptions  from  such 
tax  shall  be  made  for  any  allowance  granted  by  the  order  of  any  court 
for  the  maintenance  and  support  of  the  Avidow  or  family  of  a  decedent 
pending  the  administration  of  the  estate,  when  there  is  income  from  such 
estate  accruing  after  death,  which  is  available  to  pay  such  allowance,  or 
for  a  longer  period  than  one  year,  or  for  a  greater  amount  than  is  actually 
used  and  expended  for  the  maintenance  and  support  of  such  widow  or 
family  for  one  year.    (Sec.  2,  P.  A.  188,  1899,  amended  P.  A.  198,  1915.) 

WOMEN   EXEMPT  FROM   IMPRISONMENT  IN    CIVIL  ACTIONS. 

149.  No  female  shall  be  imprisoned  upon  anv  process  in  any  civil 
action.    fSec.  42,  Chap.  13,  P.  A.  314,  1915.) 


50  MICHIGAN    STATE    LIBRARY. 


CHAPTER  XIII. 
WITNESSES. 

HUSBAND  AND   WIFE  AS  WITNESSES  FOR  OR  AGAINST  EACH   OTHER STATUTORY 

PROVISIONS. 

1.50.  No  person  shall  be  excluded  from  giving  evidence  in  any  matter, 
civil  or  criminal,  by  reason  of  marital  relationship  to  any  party  thereto : 
bnt  such  relationship  may  be  shown  for  the  purpose  of  drawing  in  ques- 
tion the  credibility  of  such  witness,  except  as  is  hereinafter  provided. 
A  husband  shall  not  be  examined  as  a  witness  for  or  against  his  wife 
without  her  consent;  nor  a  wife  for  or  against  her  husband  without  his 
consent;  except  in  suits  for  divorce  and  in  cases  of  prosecution  for 
bigamy,  and  where  the  cause  of  action  grows  out  of  a  personal  wrong  or 
injury  done  by  one  to  the  other,  or  grows  out  of  the  refusal  or  neglect 
to  furnish  the  wife  or  children  with  suitable  support,  and  except  in 
cases  of  desertion  and  abandonment,  and  cases  arising  under  Act  136 
of  1905  relating  to  marriage;  and  cases  where  the  husband  or  wife  shall 
be  a  party  to  the  record  in  a  suit,  action,  or  proceeding,  where  the  title 
to  the  separate  property  of  the  husband  or  wife  so  called  or  offered  as  a 
witness,  or  where  the  title  to  property  derived  from,  through  or  under 
the  husband  or  wife  so  called  or  offered  as  a  witness,  shall  be  the  subject 
matter  in  controversy  or  litigation  in  such  suit,  action  or  proceeding,  in 
opposition  to  the  claim  or  interest  of  the  other  of  said  married  persons, 
who  is  a.  party  to  the  record  in  such  suit,  action  or  proceeding,  and  in 
all  such  cases,  such  husband  or  wife  who  makes  such  claim  of  title,  or 
under  or  from  whom  such  title  is  derived,  shall  be  as  competent  to  testify 
in  relation  to  said  separate  property  and  the  title  thereto,  without  the 
consent  of  said  husband  or  wife,  who  is  a  party  to  the  record  in  such  suit, 
action  or  ])rocpeding,  as  though  such  marriage  relation  did  not  exist: 
nor  shall  either,  during  the  marriage  or  afterwards,  without  the  con- 
sent of  both,  be  examined  as  to  any  communication  made  by  one  to  the 
other  during  the  marriage,  but  in  any  action  or  proceeding  instituted 
by  the  husband  or  wife,  in  consequence  of  adultery,  the  husband  and 
wife  shall  not  be  competent  to  testifv.  (Sees.  63  and  G7,  Chap.  17.  P. 
A.  314,  1915.) 

same;    SPECIFIC   CASES. 

151.  The  testimony  of  a  husband  on  a  former  trial  is  not  admissible 
on  a  subsequent  trial  over  the  wife's  objection  (Whelpley  v.  Stoughton, 
119  Mich.  314),  nor  can  a  contract  made  by  a  husband  as  agent  for  his 
wife  be  proved  by  his  festimony,  nor  is  it  admissible  to  corroborate  evi- 
dence to  the  execution  of  the  contract  (Quillan  v.  Van  Dyke's  Estate. 
171  Mich.  195)  ;  but  the  statute  does  not  prevent  the  testimony  of  a 
husband  or  wife,  in  his  or  her  suit  against  the  other,  concerning  a  busi- 
ness transaction  between  them  (Dowling  v.  Bowling,  116  Mich.  346). 
nor  is  a  husband  disqualified,  in  a  suit  to  set  aside  a  deed  to  his  wife  as 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  51 

in  fraud  of  creditors,  from  showing  that  it  was  in  payment  of  a  debt  due 
from  him  (Ward  v.  Oliver,  129  Mich.  300),  the  statute  being  declaratory 
of  the  common  law  and  protecting  only  confidential  communications 
(Leonard  v.  Piggott,  152  Mich.  436).  Letters  from  the  husband  or  the 
wife  to  the  other  party  to  the  marriage  which  come  into  a  third  party's 
hands  without  collusion  on  the  part  of  the  spouse  to  whom  written,  are 
not  privileged.  (People  v.  Dunnigan,  163  Mich.  349;  O'Toole  v.  Ohio 
Germain  F.  Ins.  Co.,  159  Mich.  187.)  When  title  to  their  separate  prop- 
erty is  in  litigation  between  husband  and  wife,  communications  made 
in  the  confidence  of  the  marriage  relation  relating  thereto  may  l>e  testified 
to  by  them  without  such  consent;  and  a  wife  may  testify  in  a  suit  between 
her  husband  and  the  assignee  of  her  sole  property  as  to  a  communica- 
tion between  her  husband  and  herself  in  relation  thereto.  (Hunt  v. 
Eaton,  55  Mich.  362.)  The  privilege  as  to  confidential  communications, 
when  it  exists  at  the  time  of  disclosure,  survives  separation,  divorce  and 
death.     (People  v.  Bowen,  165  Mich.  231.) 


CHAPTER  XIY. 
DESERTION. 

WHEN    WIFE    MAY    PETITION   FOR  ALIMONY   IN   CASE   OF  DESERTION. 

152.  TMienever  a  husband  shall  without  good  and  sufl8cient  cause 
desert  his  wife,  being  of  sufficient  ability  to  support  her,  or  shall  have 
become  an  habitual  drunkard  since  their  marriage,  or  practiced  extreme 
cruelty  towards  her,  or  committed  the  crime  of  adultery,  or  any  other 
offense  that  entitles  the  wife  to  a  decree  of  divorce  or  of  separation, 
and  shall  refuse  and  neglect  to  support  his  wife,  either  the  wife  or 
husband  being  a  resident  of  this  state,  the  circuit  court  in  chancery  in  any 
county  in  this  state  in  which  said  husband  or  wife  shall  reside,  shall 
on  the  application  of  the  wife  by  petition  decree  to  her  as  alimony  the 
use  of  such  part  of  her  husband's  real  and  personal  estate,  or  such 
proportion  of  his  earnings,  income  or  revenue  as  the  court  may  de- 
termine, in  its  discretion,  and,  during  the  pending  of  the  proceedings, 
may  require  the  husband  to  pay  such  sums  to  carry  on  the  proceeding, 
or  for  her  support,  as  it  shall  deem  necessary.  No  decree  shall  be  made 
in  favor  of  the  petitioner  unless  on  the  hearing  either  such  a  state  of 
facts  shall  appear  as  would  entitle  her,  as  far  as  the  husband's  w^rongful 
acts  are  shoAvn,  to  a  decree  of  divorce  upon  the  grounds  specified  in  the  pe- 
tition, or  unless  such  a  state  of  facts  set  out  in  the  petition  shall  be  proven 
as  shall  make  it  appear  that  the  respondent  has  deserted  the  petitioner 
with  the  intent  to  leave  her  without  adequate  means  of  support  without 
good  and  sufficient  cause;  and  the  husband  shall  be  permitted  to  allege  in 
his  answer  to  the  petition  any  facts  which  would  prevent  or  bar  a  divorce 
upon  the  grounds  alleged  in  said  petition,  and  to  make  proof  of  the  same 
in  conformity  with  such  answer:  And  provided  further.  That  an 
appeal  from  the  final  order  or  decree  may  be  taken  to  the  supreme 
court  as  in  chancery  cases,  except  that,  if  the  wife  shall  take  such  appeal. 


52  MICHIGAN    STATE    LIBRARY. 

.she  shall  uot,  in  the  discietioii  of  the  court,  be  required  to  tile  an  appeal 
boud.      (How.  11534;  C.  L.  8686. j 

COURT    MAY    ISSUE    INJUNCTION    RESTRAINING    DISPOSAL    OP    HUSBAND'S    PROP- 
ERTY AND  MAY^   IN  PROPER  CASES.   ORDER  SALE   OF  SUCH  PROPERTY. 

153.  In  such  a  proceeding  the  court  may,  in  certain  cases,  make  an 
order  for  the  appearance  of  the  respondent  by  publication,  issue  an  in- 
junction restraining  the  sale  and  incumbrance  of  property,  slocks  and 
securities,  or  the  collection  of  credits  by  the  respondent,  and,  to  en- 
force its  decree,  said  court  may  cause  execution  to  be  issued  and  levied 
upon  any  of  the  husband's  estate  to  be  found  in  this  state,  including 
stock  in  any  corporation,  and  where  choses  in  action  are  due  and  owing 
the  husband  from  any  resident  of  the  state,  the  court  may,  upon  thirty 
days'  notice  to  the  husband,  given  personally  or  by  publication  in  proper 
cases,  decree  that  the  same  be  sold  in  the  same  manner  as  personal 
chattels  are  sold  upon  execution  from  courts  of  record.  (How.  11536: 
C.  L.  8687.) 

CUSTODY  AND   MAINTENANCE  OF   MINOR  CHILDREN POSSESSION   OF   HUSBAND'S 

PROPERTY SUPPORT  OF   WIFE  AND  CHILDREN. 

154.  The  court  may  also  order  and  decree  concerning  the  care, 
custody  and  maintenance  of  minor  children,  and  may  determine  with 
which  of  the  parties  the  children,  or  any  of  them,  shall  remain,  and  dur- 
ing the  pendency  of  the  proceeding,  may  assign  and  decree  to  the  wife 
the  possession  of  any  real  and  personal  estate  of  the  husband,  and  the 
court  may  decree  the  payment  of  a  fixed  sum  of  money  for  the  support 
of  such  wife  and  minor  children,  and  that  the  payment  of  same  be  se- 
cured upon  real  estate  or  otherwise  at  such  time  and  in  such  manner  as 
may  be  proper.  The  court  may  change  the  allowance  from  time  to  time, 
and  may  revoke  such  allov/ance  altogether  on  satisfactory  proof  of  a 
voluntary  and  permanent  reconciliation :  Provided,  That  such  allow- 
ance shall  be  onlv  during  the  joint  lives  of  such  husband  and  wife. 
(Plow.  115.33;  C.  L.  868S.) 

CUSTODY   OF  CHILDREN PRESUMPTION WELFARE  OF   CPITLDREN   GOVERNS. 

155.  In  case  of  separation  of  husband  and  wife  having  minor  chil- 
dren, the  mother  shall  be  entitled  to  the  care  and  custody  of  all  such 
children  under  the  age  of  twelve  years,  and  the  father  shall  be  entitled 
to  the  care  and  custody  of  all  such  children  over  twelve  years,  but  in 
every  case,  notwithstanding  the  foregoing  provision,  any  court  of  compe- 
tent jurisdiction  may  make  and  enforce  such  order  or  orders  as  it  may 
deem  just  and  y)roper  as  to  the  care  and  custody  of  such  minor  children. 
(How.  11.5.37;  O.  L.  8689.) 

HUSBAND    IMPRISONED    FOR    DESERTION PENSION     FOR    WIFE.    ' 

156.  When  any  person  is  convicted  and  imprisoned  for  deserting  his 
wife  or  minor  children  under  fifteen  years  of  age  without  leaving  proper 
shelter,  food,  care  and  clothing,  the  warden  or  superintendent  of  the 
institution  where  the  husband  is  confined  shall,  at  the  end  of  each  week, 
remit  to  the  superintendents  of  the  poor  of  the  city  or  county  where 
such  wife  or  children  reside,  the  sum  of  one  dollar  and  fifty  cents  per 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  53 

week  for  the  wife  and  fifty  cents  additional  for  each  child  under  the 
age  of  fifteen  years,  in  lieu  of  any  earnings  of  such  person  while  an  in- 
mate therein,  such  sums  to  be  expended  for  the  support  of  such  wife 
and  minor  children.    (How.  11540;  P.  A.  114.  1907.) 
See  sections  100  to  192,  infra. 


CHAPTER  XV. 

PENAL  AND  REFORMATORY  INSTITUTIONS  FOR  WOMEN  AND 
GIRLS,  AND  THE  REGULATION  THEREOF. 

HOUSE  OP  THE  GOOD  SHEPHERD  OF  DETROIT. 
WHAT   GIRLS    MAY    BE    SENTENCED    THERETO RELEASE,    ETC. 

157.  On  conviction  of  any  offense  for  which  a  girl  may  be  sent  to  the 
State  Industrial  Home  for  Girls,  when  requested  by  the  parents  or  guar- 
dian of  any  girl  over  the  age  of  seven  years  and  under  the  age  of  seven- 
teen years,  the  police  justices  of  the  city  of  Detroit,  the  justices  of  the 
peace  of  any  township  in  AYayne  County,  and  the  Recorder's  Court  of 
Detroit  may  commit  such  girls  to  imprisonment  in  the  House  of  the  Good 
Shepherd  of  the  City  of  Detroit  for  the  like  ]>eriod  as  by  law  such  girls 
may  be  committed  to  the  State  Industrial  Home  for  Girls  or  the  House 
of  Correction.  Whenever  the  persons  in  charge  of  the  House  of  the 
Good  Shepherd  deem  any  one  so  sentenced  to  have  so  far  reformed  as  to 
justify  her  discharge,  they  may,  in  their  discretion,  liberate  her  or  bind 
her  for  the  term  of  said  commitment  by  articles  of  indenture  to  any  suit- 
able person  who  shall  engage  to  educate  said  girl,  and  to  instruct  her 
in  household  work,  or  in  some  proper  art  or  trade,  or  they  may  return 
•such  girl  to  her  parents  or  guardian.    (How.  15460;  C.  L.  2222.) 


DETROIT  HOUSE  OF  CORRECTION. 

WHAT    FEMALE    OFFENDERS    MAY    BE    SENTENCED    TO    IMPRISONMENT    IN    THE 
DETROIT   HOI-SE    OF    CORRECTION. 

158.  Whenever  nny  female  shall  hereafter  be  convicted  in  any  court 
of  this  state  of  any  crime  or  offense  which,  under  the  existing  laws  of  the 
state,  would  subject  her  to  ini])risonment  in  the  Michigan  State  Prison, 
Michigan  Reformatory  or  the  Branch  State  Prison  in  the  Upper  Penin- 
sula, the  court  shall  sentence  such  female  to  imprisonment  in  the  De- 
troit House  of  Correction  instead  of  the  said  prisons  for  such  term  as 
may  be  authorized  by  law.  This  provision  makes  the  Detroit  House  of 
Correction  the  state  prison  for  women.  (How.  15482;  C.  L.  217<>. 
amended  by  V.  A.  257,  1009.) 

COMMON  PROSTITUTES  IN  THE  COUNTY  OF  WAYNE   :SI0RE  THAN  HFTEEN 
YEARS  OF   AGE. 

159.  Every  person  more  than  fifteen  years  of  age.  who  is  a  common 
prostitute   sliall,   u]>ou   conviction    thereof  in   the   county   of   Wayne,   be 


54  MICHIGAN    STATE    LIBRARY. 

l»uiiis!i('(l  by  iini»i'isoiinient  in  the  Detroit  House  of  Correction  for  a  term 
of  three  years.  The  inspectors  of  the  Detroit  House  of  Correction  may 
establish  rules  and  regulations  under  which  women  confined  in  said 
House  by  virtue  of  this  paragraph  may,  upon  reformation,  or  marked 
good  behavior,  be  absolutely  discharged  from  imprisonment  therein,  or 
be  released  conditionally  from  residence  in  said  House  before  their  term 
of  imprisonment  has  expired,  which  rules  and  regulations  shall  be  ap- 
proved by  the  Circuit  Judge  of  the  County  of  Wayne  and  the  Recorder 
of  the  City  of  Detroit.  The  persons  released  conditionally  may,  at  any 
time  before  the  expiration  of  their  terms  of  imprisonment,  be  returned 
to  a  residence  in  said  House  under  and  by  the  written  order  of  the  said 
insi)ectors,  which  order  shall  be  authority  for  any  officer  of  said  House, 
sheriff,  or  policeman  to  arrest  and  return  said  persons.  (How.  15493-4; 
C.  L.  21867.) 

COURTS     OF     RECORD     MAY     SENTENCE     FEMALE     OFFENDERS     NOT    MORE     THAN 

FIFTEEN     YEARS    OF    AGE    TO     IMPRISONMENT     IN     THE 

DETROIT  HOUSE  OP  CORRECTION. 

160.  All  courts  of  record  having  criminal  jurisdiction  in  the  state  of 
Michigan,  and  all  police  justices,  and  justices  of  the  peace  in  said  state, 
in  the  exercise  of  their  crimiutd  jurisdiction,  ma}f  sentence  female  offend- 
ers, who  are  not  more  than  fifteen  years  of  age,  to  the  Detroit  House  of 
Correction,  there  to  remain  and  be  kept  until  they  are  twenty-one  years 
of  age,  or  until  discharged  therefrom  before  that  time  under  such  rules 
and  regulations  as  the  inspectors  of  said  House  mav  adopt.  (How.  15495- 
8;  C.  L.  2188-91.) 


STATE  INDUSTRIAL  HOME  FOR  GIRLS. 
MANAGEMENT  AND  CONTROL  OF  THE   INDUSTRIAL  HOME'. 

161.  The  state  Industrial  Home  for  Girls  at  Adrian  is  under  the  sole 
and  exclusive  management  and  control  of  a  board  of  three  persons,  such 
persons  being  appointed  by  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  each  member  to  hold  office  for  a  term  of  six  years. 
Said  board  has  power  to  make,  alter  and  amend  rules  for  governing  said 
institution,  to  appoint  necessary  officers  and  employees,  to  enforce  disci- 
pline, and  to  make  all  such  general  rules  and  regulations  as  may  be 
necessary  to  carry  out  the  objects  and  purposes  of  the  institution  and 
execute  the  laws  relative  thereto.  No  member  of  said  board  is  entitled 
to  any  compensation  for  his  services,  except  the  resident  member  who 
is  the  treasurer  and  i)erfonns  such  other  services  as  the  board  maj^  assign 
to  him,  for  all  of  which  services  he  receives  a  salary  of  |300  per  annum. 

The  Governor  may  remove  any  member  of  the  board  for  cause,  and, 
in  case  of  a  vacancy,  may  api)oint  a  member  to  fill  such  vacancy  until 
Ihe  next  meeting  of  the  legislature,  unless  removed  as  aforesaid.  (How. 
15446-8-9;  C.  L.  2218-20-21.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  55 

WHAT    <;1RL    OFFENDERS    MAY    HEI    SENTENCED    TO    THE    INDUSTRIAL    HOME    FOR 
GIRLS PHYSICAL  EXAMINATION. 

162.  Every  girl  between  seven  and  seventeen  years  of  age,  who  shall 
be  convicted  before  any  court  or  magistrate  of  competent  jurisdiction, 
of  being  a  disorderly  person,  of  delinquency,  or  of  any  offense  not 
punishable  by  imprisonment  for  life,  shall,  except  in  cases  deemed  in- 
corrigible, be  sentenced  to  said  Industrial  Home  until  she  shall  reach 
the  age  of  twenty-one  years,  if  such  court  or  magistrate  shall  deem  the 
girl  so  convicted  a  fit  subject  to  be  committed  to  said  Industrial  Home. 
The  board  shall  have  authority  to  make  rules  reducing  the  term  for 
which  such  girls  shall  have  been  sentenced,  as  a  reward  for  good  con- 
duct. Girls  sentenced  to  said  Industrial  Home  must  be  subjected  to  a 
careful  examination  by  a  regularly  authorized  and  competent  physician. 
If  any  such  girl  is  found  to  be  afflicted  with  any  venereal,  contagious  or 
infectious  disease,  chronic  epilepsy,  or  imbecility,  or  is  pregnant,  or 
there  exists  any  other  cause  or  defect  which  would  make  her  a  menace 
to  those  already  in  said  Industrial  Home,  or  if  exposed  to  smallpox, 
diphtheria,  scarlet  fever  or  typhoid  fever  within  fourteen  days  next  pre- 
ceding, such  girl  shall  be  delivered  to  the  superintendent  of  the  poor  of 
such  county  for  care  and  medical  treatment  in  the  county  house  or  else- 
where until  the  examining  physician,  or  another  acting  in  his  stead, 
certifies  that  the  obstacles  to  her  entering  the  said  Industrial  Home  are 
removed,  when  the  sentence  of  said  court  shall  be  executed  as  though 
no  delay  or  cause  of  delay  had  intervened.  Before  any  sentence  made 
by  a  police  court  or  a  justice  of  the  peace  under  this  act  shall  be  exe- 
cuted, it  shall  be  approved  by  the  circuit  or  probate  judge  of  the  county, 
and  if  such  sentence  shall  be  disapproved,  the  police  court  or  justice  of 
the  peace  shall  have  power  to  pronounce  the  ordinary  sentence  prescribed 
by  law.    (How.  15451-2-3;  C.  L.  2210-11-12.) 

As  to  girls  deemed  incorrigible,  see  sections  158  and  160,  supra. 

REILEASE,   INDENTURE,   OR  PAROL   OP   GIRLS   SENTENCED   TO  THE    STATE 
INDUSTRIAL  HO'MB   FOR  GIRLS. 

163.  Whenever  they  shall  deem  any  inmate  of  said  Industrial  Home 
to  have  been  so  far  reformed  as  to  justify  her  discharge,  the  board  of 
control  may  liberate  such  inmate  or  bind  her  by  articles  of  indenture  to 
any  suitable  person  who  will  engage  to  educate  said  girl,  and  to  in- 
struct her  in  household  work,  or  in  some  proper  art  or  trade,  or 
said  board  may  return  any  such  girl  to  her  parents  or  other 
guardians,  when  they  shall  have  become  bound  to  said  board  with 
sufficient  sureties  for  her  good  behavior  and  care,  or  said  board 
may  place  any  such  girl  in  the  care  of  any  resident  of  this  State 
who  is  the  head  of  a  family  and  of  good  moral  character,  but  on 
such  terms  and  conditions  as  the  board  may  prescribe.  Said  board  of 
control  shall  be  authorized,  when  in  their  judgment  it  may  be  deemed 
proper  or  expedient,  to  grant  girls  leave  of  absence  in  writing,  with 
such  conditions  therein  expressed  as  to  them  may  be  deemed  proper, 
either  for  a  limited  period  or  during  good  behavior.  In  case  of  miscon- 
duct of  said  girl,  or  for  any  reasons  deemed  satisfactory  to  the  board, 
they  may  reclaim  said  girl  and  return  her  to  the  Home  and  there  retain 
her  during  the  balance  or  any  remaining  portion  of  the  time  for  which 


56  MICHIGAN    STATE    LIBRARY. 

she  was  originally  sentenced  to  said  Home,  and  without  other  trial, 
commitment  or  jirocess  of  law.  Any  girl  so  granted  leave  of  absence 
shall  not  be  entitled  to  any  hearing  or  trial  before  being  returned  to  the 
institution,  but  shall  continue  to  be  an  inmate  of  said  Industrial  Home, 
and  subject  to  its  control  while  thus  out  on  parol  the  same  as  though 
she  were  confined  within  the  institution.     (How.  15454;  C.  L.  2213.) 

REMOVAL  OF   CERTAIX   GIRLS   FROM   THE   INDUSTRIAL  HOME   TO  OTHER 
INSTITUTIONS. 

164.  Upon  the  application  of  the  board  of  control,  the  State  Board 
of  Corrections  and  riiarities  may  cause  any  person  committed  and  con- 
veyed to  the  State  Industrial  Home  for  Girls  who  shall  not  be  deemed 
entitled  to  admission  thereto  by  the  said  board  of  control  thereof,  and 
any  person  committed  to  said  institution  who  shall  be  deemed  by  said 
board  of  control  incorrigible  or  an  improper  person  to  remain  in  said 
institution,  to  be  removed  with  the  mittimus  committing  such  person 
thereto  to  any  State,  penal  or  reformatory  institution  to  which  such, 
person  might  have  been  committed  by  the  court  or  magistrate  committing 
such  person  to  the  Industrial  Home,  there  to  remain  until  the  expiration 
of  the  term  of  sentence  stated  in  the  mittimus.  (How.  15455;  P.  A.  235, 
1909.) 

AIDING    INMATES    OF    THE    INDUSTRIAL    HOME    TO    ESCAPE.    OR    TO    LEAVE    THE 
STATE,  OR   MARRYING   SUCH   INMATES^  A  PENAL  OFFENSE. 

165.  Any  person  who  shall  aid  or  assist  any  girl  who  is  an  inmate  of 
the  Industrial  Home  for  Girls  to  escape  therefrom,  or  who  shall  aid  or 
assist  any  girl  who  has  been  committed  to  said  institution  and  who  is 
a  subject  tliereof  to  escape  from  any  other  home  or  other  place  where 
she  has  been  placed  by  the  officers  of  said  Industrial  Home,  or  shall  aid 
or  assist  any  such  girl  to  leave  this  vState,  or  shall  marry  any  such  girl, 
knowing  her  to  be  an  inmate  or  a  subject  of  such  Industrial  Home,  with- 
out the  consent  of  the  board  of  control  of  such  Industrial  Home,  shall 
be  j)unished  by  imprisonment  in  the  State  prison,  or  State  House  of 
Correction,  for  a  term  of  not  to  exceed  two  years,  or  in  the  county  jail 
for  a  term  not  to  exceed  one  year,  or  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  bv  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court.    (How.  15458;  C.  L.  2216.) 

RECORD    OF   INMATES  OF   INDUSTRIAL   HOME. 

166.  It  is  the  duty  of  the  board  of  control  to  provide  a  book  in  which 
shall  be  registered  the  names,  age,  and  professed  religion  of  girls  re- 
ceived in  said  Industrial  Home,  the  date  of  their  reception  and  of  their 
leaving,  the  names  and  residence  of  their  parents,  and  whether  such 
girls  were  apprenticed,  placed  in  a  family,  or  otherwise,  and  if  placed  in 
a  family  or  apprenticed,  the  name,  residence  and  occupation  of  the  head 
of  such  familv,  or  persou  to  whom  such  girls  are  apprenticed.  ( How. 
15456;  C.  L.  2215.) 

AGENT  FOR  THE   STATE   INDUSTRIAL  HOME    FOR  GIRLS DUTIES. 

167.  The  board  of  control  shall  have  authority  to  designate  some  offi- 
cer, teacher  or  other  employe  of  said  Industrial  Home  to  be  the  agent 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  57 

thereof,  who  shall  be  known  as  the  Agent  for  the  State  Industrial  Home 
for  Girls  and  shall  act  in  that  capacity  during  the  pleasure  of  the  board. 
His  duty  shall  include  the  placing  and  return  of  wards  of  the  said  In- 
dustrial Home  who  may  be  paroled,  indentured,  contracted  or  otherwise 
placed  in  families,  and  the  visitation  of  wards  Avho  may  be  out  in  homes 
or  upon  parole  at  such  time  as  the  board  may  direct,  the  investigation  of 
applications  for  girls  from  said  Industrial  Home,  and  the  finding  of 
suitable  places  for  such  girls.  (How.  15459;  C.  L.  2217.) 


SEPARATE  STATION  HOUSES  OR  DEPARTMENTS  FOR  WOMEN  PRISONERS. 

WHAT  CITIES  MUST  PROVIDE   SEPARATE  STATION   HOUSES  OR  DEPARTMENTS 
FOR  WOMEuST. 

168.  The  board  of  aldermen  in  every  city  of  ten  thousand  inhabi- 
tants or  more,  or,  in  cities  having  a  police  commission,  the  }>olice  com- 
mission, shall  designate  one  or  more  station  houses  or  a  separate  de- 
partment in  any  such  station  house  or  county  jail  within  their  respective 
cities  for  the  detention  of  all  w^omen  and  children  under  arrest,  and  may 
change  such  designated  station  house  or  separate  department  thereof; 
but  at  le^st  one  station  house  or  separate  department  thereof  shall  al- 
ways remain  so  designated  in  such  city.    (How.  6294;  C.  L.  3491.) 

APPOINTMENT   OF   WOMEN  AS   POLICE   MATRONS RESIDENCE. 

169.  The  mayor  in  any  city  where  any  such  station  house  is  designated, 
or  the  sheriff  in  counties  where  the  prisoners  of  the  county  seat  as  a  city 
are  confined  in  the  county  jail,  shall  appoint  for  each  station  house  so 
designated  one  or  more  respectable  women,  none  of  whom  shall  be  under 
twenty-five  years  of  age,  who  shall  be  known  as  police  matrons,  and  who 
shall  not  be  appointed  for  any  definite  term  but  shall  hold  office  until  re- 
moved. In  cities  having  a  board  of  police  commissioners,  such  appoint- 
ments shall  be  made  by  such  board  or  the  sheriff  of  the  county  where 
prisoners  of  the  county  seat  as  a  city  are  confined  in  the  county  jail. 

Eveiw  police  matron  within  the  city  of  Detroit  shall,  during  her  hours 
of  service,  remain  constantly  on  duty  at  the  station  at  which  she  serves, 
and  every  police  matron  in  each  of  the  other  cities  shall  reside  at  or 
near  the  station  to  which  she  is  attached  and  shall  hold  herself  in  readi- 
ness to  answer  any  call  therefrom  during  her  hours  of  service  so  long 
as  any  woman  remains  confined  therein.    (How.  6295;  C.  L.  3492.) 

DUTIES  OF  POLICE   MATRONS AUTHORITY. 

170.  Subject  only  to  the  general  control  of  the  authorities  in  charge, 
the  police  matron  shall  have  the  entire  care  of  all  women  and  children 
held  under  arrest  at  such  station  or  department,  and  may  call  upon  any 
police  officer  in  such  station  for  assistance.  In  case  sufficient  and  proper 
accommodation  shall  not  be  provided  for  women  confined  under  arrest, 
such  matron  shall  notify  the  authorities  in  charge,  who  shall  provide 
such  sufficient  and  proper  accommodations.  In  case  a  woman  is  arrested 
and  taken  to  a  police  station  to  which  a  matron  is  attached,  if  such 
matron  be  not  then  present,  the  officer  in  charge  shall  cause  such  woman 
prisoner  to  be  removed  as  soon  as  possible  to  the  nearest  station  house 


58  MICHIGAN    STATE    LIBRARY. 

to  which  a  police  matron  is  attached.  At  least  one  police  matron  shall 
he  designated  by  the  authorities  in  charge  of  said  police  station  to  at- 
tend before  the  police  or  other  criminal  courts  at  all  times  when  any 
wcvnian  is  to  be  arraigned  before  such  court,  and  shall,  in  conjunction 
with  some  ])olice  officer,  have  charge  of  all  women  there  in  attendance 
awaiting  trial  or  transfer  from  the  court  to  anv  other  place  of  detention. 
(How.  6296-9;  C.  L.  3493-6.) 


CHAPTER  XVI. 
CRIMINAL  OFFENSES  BY  AND  AGAINST  WOMEN  AND  GIRLS. 

RAPE STATUTORY    RAPE. 

171.  If  any  person  shall  ravish  and  carnally  know  any  female  of  six- 
teen years  or  more,  by  force  and  against  her  will,  or  shall  unlawfully 
and  carnally  know  and  abuse  any  female  under  the  full  age  of  sixteen 
years,  he  shall  be  punished  by  imprisonment  in  the  State  prison  for 
life,  or  for  such  ])eriod  as  the  court  in  its  discretion  shall  direct.  (How. 
14542;  C.  L.  11489.) 

ASSAULT  WITH    INTENT  TO  COMMIT  RAPE. 

172.  If  any  person  shall  assault  any  female  with  intent  to  commit 
the  crime  of  rape,  he  shall  be  deemed  a  felonious  assaulter,  and  shall  be 
punished  by  imprisonment  in  the  state  prison  not  more  than  ten  years, 
or  by  fine  not  exceeding  one  thousand  dollars.  But  an  actual  assault 
or  actual  violence  is  essential ;  mere  solicitations  for  intercourse  will 
not  suffice.    (How.  14.543;  C.  L.  11490;  People  v.  Dowell,  136  Mich.  306.) 

.  FELONIOUS   ASSAULT GIRL  UNDER    FOURTEEN    YEARS. 

173.  If  any  male  person  or  persons  over  the  age  of  fourteen  years 
shall  assault  a  female  child  under  the  age  of  fourteen  years,  and  shall 
take  indecent  and  improper  liberties  with  the  person  of  such  child,  with- 
out committing  or  intending  to  commit  the  crime  of  rape  upon  such 
child,  he  shall  be  deemed  a  felonious  assaulter,  and  upon  conviction  there- 
of shall  be  punished  by  imprisonment  in  the  state  prison  not  more  than 
ten  years,  or  by  fine  not  exceeding  one  thousand  dollars,  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court;  and  the  indict- 
ment or  information  charging  any  person  with  rape  or  attempt  to 
commit  a  rape  upon  any  female  under  the  age  of  fourteen  years  may 
also  contain  a  count  charging  felonious  assault,  the  jurv  being  authcn'ized 
to  convict  of  either  offense.    (How.  14817-8;  C.  L.  11719-20.) 

CARNAL  KNOWLEDGE  OF   PATIENTS  OF  CERTAIN    STATE   AND  COUNTY 
INSTITUTIONS. 

174.  Any  person  who  shall  ravish  or  carnally  know  and  abuse  any 
female  who  is  a  patient  in  any  state  or  county  institution  for  the  care  of 
insane,  feeble-minded  or  epileptic  persons,  shall  be  guilty  of  a  felony. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  59 

and  shall  be  punished  by  imprisonment  in  the  state  prison  not  more  than 
fifteen  years  nor  less  than  five  years.    (How.  14814;  P.  A.  268,  1911.) 

INTERCOURSE    INDUCED    BY    REPRESENTATIONS    MADE    BY    ANY    PERSON    GIVING 
MEDICAL   TREATMENT  TO   ANY   WOMAN    OR  GIRL. 

175.  If  any  person  shall  undertake  to  medically  treat  any  female 
person,  and  while  so  treating  her,  shall  represent  to  such  femaie  that  it 
is,  or  will  be,  necessary  or  beneficial  to  her  health  that  she  have  sexual 
intercourse  with  a  man,  and  shall  thereby  induce  her  to  have  carnal 
sexual  intercourse  with  any  man,  or  if  any  man,  not  being  the  husband 
of  such  female,  shall  have  sexual  intercourse  with  her  by  reason  of  such 
representations,  the  person  or  persons  so  offending  shall,  on  conviction 
thereof,  be  punished  by  im])risonment  in  the  state  prison  for  any  term 
of  years  not  exceeding  ten  years.    (How.  14822;  C.  L.  11721.) 

ABDUCTION    AND    ENFORCED    MARRIAGE    OR    DEFILEMENT. 

176.  If  any  person  shall  take  any  woman  unlawfully  and  against  her 
will,  and  by  force,  menace  or  duress,  compel  her  to  marry  him  or  any 
other  ])erson,  or  to  be  defiled,  he  shall  be  punished  by  imprisonment  in 
the  state  prison  for  life,  or  any  term  of  years.    (How.  14544;  C.  L.  11491.) 

ABDUCTION  WITH   INTENT  TO  FORCE  MARRIAGE  OR  TO  DEFILE. 

177.  If  any  person  shall  take  any  woman  unlawfully  and  against  her 
will,  with  intent  to  compel  her  by  force,  menace  or  duress,  to  marry  him 
or  any  other  person,  or  to  be  defiled,  he  shall  be  punished  by  imprison- 
ment in  the  state  prison  not  more  than  ten  vears.  (How.  14545;  C.  L. 
11492.) 

Bee  also  section  197,  infra. 

ENTICING    OR     TAKING     AWAY     FEMALE     UNDER     SIXTEEN    YEARS     OF     AGE    FOR 
PURPOSE  OF  MARRIAGE  OR  PROSTITUTION. 

178.  Every  person  who  shall  take  or  entice  away  any  female  under 
the  age  of  sixteen  years,  from  her  father,  mother,  guardian,  or  other 
person  having  the  legal  charge  of  her  person,  without  their  consent, 
either  for  the  purpose  of  prostitution,  concubinage,  or  marriage,  shall 
be  punished  by  imprisonment  in  the  state  prison  not  exceeding  three 
years,  or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or 
by  a  fine  not  exceeding  one  thousand  dollars.    (How.  14546;  C.  L.  11493.) 

ABORTION    OR    ATTEMPTED    ABORTION DEATH    OF    MOTHER DEATH    OF    CHILD. 

179.  The  willful  killing  of  an  unborn  quick  child  by  any  injury  to 
the  mother  of  such  child,  which  would  be  murder  if  it  resulted  in  the 
death  of  such  mother,  shall  be  deemed  manslaughter.  Every  person  Avho 
shall  administer  to  any  woman  pregnant  Avith  a  quick  child,  any  medi- 
cine, drug  or  substance  whatever,  or  shall  u.se  or  employ  any  instru- 
ment or  other  means,  with  intent  thereby  to  destroy  such  chihl.  unless 
ihe  same  shall  have  been  necessary  to  preserve  the  life  of  such  mother 
or  shall  have  been  advised  by  two  physicians  to  be  necessary  for  such 
purpovse,  shall,  in  case  the  death  of  such  child  or  of  such  mother  be 


60  MICHIGAN    STATE    LIBRARY. 

tlicrcliv  inodiicwl,  be  deemed  guilb'  of  manslaughter,  or,  if  the  death  of 
siK-li  child  or  of  such  mother  does  not  result,  shall  upon  conviction  be 
punished  by  imprisonment  in  the  county  jail  not  more  than  one  year,  or 
by  a  line  not  exceeding  five  hundred  dollars,  or  by  both  such  fine  and 
imprisonment.     (How.  14554-0;  C.  L.  11501-3.) 

CONCEALMENT  OF  DEATH    OF  ANY  ISSUE  AVHICH,   IF  BORN   ALIVE.   WOULD   HAVE 
HAVE  BEEN  A   BASTARD. 

180.  If  any  woman  shall  conceal  the  death  of  any  issue  of  her  body, 
which,  if  born  alive,  would  be  a  bastard,  so  that  it  may  not  be  known 
whether  such  issue  was  born  alive  or  not,  or  whether  it  was  not  murdered, 
she  shall  be  punished  by  fine  not  exceeding  one  hundred  dollars,  or  im- 
prisonment in  the  county  jail  not  more  than  one  year.  Any  woman  in- 
dicted for  the  murder  of  her  infant  bastard  child  may  also  be  charged 
in  the  same  indictment  with  the  offense  herein  described ;  and  if,  on  the 
trial,  the  jury  shall  acquit  her  of  the  crime  of  murder  and  find  her  guilty 
of  the  other  offense,  judgment  and  sentence  mav  be  awarded  against 
her  for  the  same.    (How.  14780-1;  C.  L.  11695-G.)' 

ADULTERY- — WITHIN   WHAT  TIME    AND  BY   WHOM    COMPLAINT   MUST   BE    MADE. 

181.  Every  person  who  shall  commit  adultery  'shall  be  punished  by 
imprisonment  in  the  state  prison  not  more  than  three  years,  or  by  a 
fine  not  exceeding  five  hundred  dollars,  or  imprisonment  in  the  county 
jail  not  more  than  one  year;  and  when  the  crime  is  committed  be- 
tween a  married  woman  and  a  man  who  is  unmarried,  the  man  shall  be 
deemed  guilty  of  adultery,  and  liable  to  the  same  punishment.  However, 
no  prosecution  for  adultery  shall  be  commenced  except  upon  the  com- 
l>laint  of  the  husband  or  wife  made  Avithin  one  year  from  the  time  of 
committing  the  offense.    (How.  14773-5;  C.  L.  11688-90.) 

LEWD    AND    LASCIVIOUS    COHABITATION INDECENT   EXPOSURE.    ETC, 

182.  If  any  man  and  woman,  not  being  married  to  each  other,  shall 
lewdly  and  lasciviously  associate  and  cohabit  together,  or  if  any  man 
or  woman,  married  or  unmarried,  shall  be  guilty  of  open  and  gross  lewd- 
ness and  lascivious  behavior,  or  shall  designedly  make  any  open  and 
indecent  or  obscene  exposure  of  his  or  her  person,  or  of  the  person  of 
another,  every  such  person  shall  be  punished  by  imprisonment  in  the 
county  jail  not  more  than  one  year,  or  by  fine  not  exceeding  five  hun- 
dred dollars.  Lewd  and  lascivious  cohabitation  is  a  joint  offense,  and 
both  man  and  the  woman  must  be  guilty  or  neither,  and  both  must  be 
jciined  in  the  same  information.  Prosecution  must  be  commenced  with- 
in one  vear  after  the  time  of  committing  the  offense.  (How.  14778;  C. 
L.  11693;  Delany  v.  People.  10  Mich.  241.) 


183.  All  persons  being  within  the  degree  of  consanguinity  within 
which  marriages  are  prohibited,  or  declared  by  law  to  be  incestuous 
and  void  (see  section  18,  supra),  who  shall  intermarry  with  each  other, 
or  who  shall  commit  adultery  or  fornication  with  each  other,  shall  be 
punished  by  imprisonment   in   the  state  prison  not  more  than   fifteen 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  61 

years,  or  in  the  county  jail  not  more  than  one  year.    (How.  14780:  C. 
L.  11704.) 

POLYGAMY. 

184.  If  any  person  who  has  a  former  husband  or  wife  living  sliall 
marry  another  person,  or  shall  continue  to  cohabit  with  such  secon<l 
husband  or  wife,  in  this  state,  he  or  she  shall,  except  in  the  cases  here- 
inafter mentioned,  be  deemed  guilty  of  the  crime  of  polygamy,  and  shall 
be  punished  by  imprisonment  in  the  state  prison  not  more  than  five 
years,  or  in  the  county  jail  not  more  than  one  year,  or  by  fine  not  ex- 
ceeding five  hundred  dollars.  The  provisions  of  this  section  do  not  ex- 
tend to  any  person  whose  husband  or  wife  shall  have  been  continually  re- 
maining beyond  sea,  or  shall  have  voluntarily  withdrawn  from  the 
other  and  remained  absent  for  the  space  of  five  years  together,  the  party 
marrying  again  not  knowing  the  other  to  be  living  within  that  time, 
nor  to  any  person  who  shall  have  good  reason  to  believe  such  husband 
or  wife  to  be  dead,  nor  to  any  person  who  has  been  legally  divorced  from 
the  bonds  of  matrimony.    (How.  14776-7;  C.  L.  11691-2.)' 

SOLICITING    TO    A    POLYGAMOUS    LIFE     Ok    TEACHING    POLYGAMY. 

185.  Whoever  shall  solicit  to  a  polygamous  life,  or  teach  polygamy 
as  a  correct  form  of  family  life,  for  the  purpose  of  inducing  men  and 
women  to  enter  into  the  practice  of  polygamy  or  advocate  the  doctrine 
and  practice  of  polygamy,  or  attempt  to  persuade  any  person  by  ])rivate 
or  public  discourse  to  adopt  a  polygamous  life,  shall  be  guilty  of  a  felony 
and  shall,  upon  conviction,  be  punished  by  imprisonment  in  the  State 
House  of  Correction  and  Reformatory  at  Ionia,  or  the  State  House  of 
Correction  and  branch  of  the  State  prison  at  Marquette,  for  a  term  of 
not  less  than  two  nor  more  than  ten  years,  in  the  discretion  of  the  court. 
(How.  14845-6;  P.  A.  249,  1899.) 

SEDUCTION. 

186.  If  any  man  shall  seduce  or  debauch  any  unmarried  woman,  he 
shall  be  punished  by  im])risonment  in  the  state  prison  not  more  than 
five  years,  or  by  imprisonment  in  the  county  jail  not  more  than  one 
year,  or  by  fine  not  exceeding  one  thousand  dollars;  but  no  prosecution 
shall  be  commenced  after  one  year  from  the  time  of  committing  the 
offense.  The  offense  consists  in  enticing  an  unmarried  woman,  by  means 
of  inducements  and  promises  of  marriage  held  out  at  the  time,  to  depart 
from  the  path  of  virtue  and  yield  to  sexual  intercourse  to  which,  with- 
out such  promises  and  inducements,  she  would  not  have  consented ;  but 
intercourse  induced  on  a  promise  to  marry  prosecutrix  if  she  became 
pregnant  is  not  seduction.  (How.  14779;  C.  L.  11694;  People  v.  Gibbs, 
70  Mich.  425;  People  v.  Smith,  132  Mich.  58.) 

SEDUCTION CIVIL    ACTION    FOR    DAMAGES WHO    MAY    BRING. 

187.  A  female  seduced  has  the  right  to  recover  damages  for  the  in- 
jury she  has  sustained  thereby.  If  she  be  of  age,  she  may  bring  the 
action  in  her  own  name;  but  if  she  be  a  minor  at  the  time,  the  action 
may  be  brought  by  her  father,  mother,  or  guardian.    Any  person  entitled 


62  MICHIGAN    STATE    LIBRARY. 

to  the  services  of  the  jjeisoii  seduced  iiuiv  nijiiiitain  an  action  for  the  loss 
of  service  or  other  damage  sustained  by  him  in  consequence  of  the  se- 
duction.   (How.  13132-4;  C.  L.  10418-20.) 

OBSCENE  I^\NGUAGE  IN   THE   PRESENCE  OR  HEARING  OF  ANY   AVOMAN  OR  CHILD. 

188.  It  shall  be  unlawful  for  any  person  or  persons  to  use  any  in- 
decent, immoral,  obscene,  vulgar  or  insulting  language  in  the  presence 
or  hearing  of  any  woman  or  child  within  the  limits  of  any  township, 
village  or  city  in  the  state  of  Michigan.  Upon  conviction  of  such  of- 
fense, the  court  may  impose  a  fine  of  not  more  than  one  hundred  dol- 
lars or  imprisonment  in  the  county  jail  not  exceeding  ninety  days,  and, 
in  case  of  nonpayment  of  such  fine  when  imposed,  the  court  trying  the 
same  may  make  a  further  sentence  that  the  offender  be  imprisoned  in 
the  countv  jail  for  a  definite  period  not  exceeding  ninetv  days,  unless 
said  fine  be  sooner  paid.    (How.  14843-4;  C.  L.  11737-8.) 

DEBAUCHING  BOYS   UNDER   THE   AGE   OF  FIFTEEN'   YEARS. 

189.  Any  female  person  over  the  age  of  fifteen  years  who  shall  know- 
ingly and  wilfully  debauch  the  person  or  deprave  the  morals  of  any  boy 
under  the  age  of  fifteen  years,  either  by  lewdly  inducing  or  enticing 
any  such  boy  to  carnally  know  any  such  female  person,  or  by  indecent 
bodily  contact  with  the  person  of  any  such  boy  communicating  to  him  any 
venereal  or  other  loathsome  disease,  shall  be  deemed  guilty  of  a  felony, 
and.  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
state  prison  for  not  more  than  five  vears,  in  the  discretion  of  the  court. 
(How.  14820;  C.  L.  11722.) 

DESERTION AITER  MARRIAGE  TO  ESCAPE  PROSECUTION  FOR  CERTAIN  OFFENSES. 

100.  Every  man  or  boy  Avho  shall  marry  any  woman  or  girl  for 
the  purpose  of  escaping  prosecution  for  rape,  bastardy  or  seduction,  and 
shall  afterwards  desert  her  without  good  cause,  shall  be  deemed  guilty 
of  a  felony,  and  sliall,  ujton  conviction,  be  fined  not  more  than  one  thou- 
sand dollars  or  be  imprisoned  in  the  state  prison  for  not  more  than 
three  years;  but  no  prosecution  may  be  brought  under  this  provision 
after  five  years  from  the  date  of  marriage.  In  all  prosecutions  under 
this  act.  tiie  wife  mav  testify  against  her  husband  without  his  consent. 
(P.  A.  310,  1913.) 

DESERTION OF    WIFE     OR    MINOR    CHILDREN     UNDER    FIFTEEN     YEARS    OF    AGE 

WITHOUT  NECESSARY   PROVISION   FOR  FOOD^   CLOTHING  AND    SHELTER. 

191.  Any  person  who  deserts  and  abandons  his  wife  or  deserts  and 
abandons  his  minor  children  under  fifteen  years  of  age  and  without  pro- 
viding necessary  and  proper  shelter,  food,  care  and  clothing  for  them, 
shall  upon  conviction  be  deemed  guilty  of  a  felony  and  punished  by  im- 
prisonment in  the  state  prison  for  not  more  than  three  years  nor  less 
than  one  year;  or  by  imprisonment  in  the  county  jail  not  more  than 
one  year  and  not  less  than  three  months.  The  court  may  suspend  such 
sentence  if  the  defendant  shall  enter  into  a  bond  to  the  people  of  the 
State  of  Michigan,  in  such  penal  sum  and  with  such  surety  or  sureties  as 
the  court  mav  fix.  conditioned  that  he  will  furnish  his  wife  and  children 


LAWS  OP  MICHIGAN  RELATING  TO  WOMEN.  63 

with  necessary  and  proper  shelter,  food,  care  and  cU:)tliing-.  In  case  of 
failure  to  comply  with  the  conditions  of  such  bond,  the  court  may  order 
such  person  to  appear  before  the  court  and  show  cause  why  sentence 
should  not  be  imposed,  whereupon  the  court  may  pass  sentence  or  may 
modify  the  order  and  take  a  new  bond  and  further  suspend  sentence  as 
may  be  just  and  proper.    (How.  11539;  T.  A.  144,  1907.) 

pROAisiox  FOR  :maintenance  of  such  wife  or  children  in  case  of  con- 
yiCTiON  under  the  foregoing  section. 

192.  In  case  of  the  conyiction  of  any  person  under  the  preceding^ 
section  and  sentence  to  a  term  of  imprisonment  either  in  one  of  the 
state  prisons,  or  in  the  Detroit  House  of  Correction,  the  warden  of  the 
prison  or  the  superintendent  of  said  House  of  Correction  in  which  said 
person  shall  be  confined,  shall,  at  the  end  of  each  and  every  week  dur- 
ing- the  period  of  said  term  of  imprisonment,  pay  over  to  any  of  the 
superintendents  of  the  poor  of  the  city  or  county  in  which  the  wife  or 
children  of  such  person  reside,  the  sum  of  one  dollar  and  fifty  cents  per 
week,  if  there  be  only  a  wife,  and  fifty  cents  per  week  additional  for 
each  minor  child  under  the  age  of  fifteen  years,  in  lieu  of  anj  earnings 
of  such  person  while  an  inmate  therein.  Said  sums  shall  be  expended 
by  said  superintendents  of  the  poor  for  the  care  and  support  of  the  wife 
and  children  of  said  person ;  and  it  shall  be  the  duty  of  the  superin- 
tendents of  the  poor  of  the  city  or  county  from  which  such  person  shall 
be  committed  to  furnish  the  warden  of  the  prison  or  the  superintendent 
of  said  House  of  Correction  in  which  said  person  is  confined  with  a 
sworn  statement,  showing  the  names  of  the  wife  and  children  who  are 
left  dependent  upon  the  city  or  county  for  support,  their  ages,  and  the 
relation  they  bear  to  such  convicted  person.  In  all  hearings  of  com- 
plaints under  this  act,  the  wife  may  testify  against  the  husband  without 
his  consent,  and  such  complaints  may  be  made  by  the  superintendents 
of  the  poor  of  the  city  or  county,  or  the  county  agent  of  the  State  Board 
of  Corrections  and  Charities  for  the  county  wherein  the  wife  or  minor 
children  of  the  person  complained  of  reside.  (How.  11540-2;  P.  A.  144, 
1907.) 

See  also  sections  152  to  15C,  supra. 

TRUANTS    AND    DISORDERLY    GIRLS. 

193.  Any  girl  between  the  age  of  ten  and  sixteen  years  who  shall 
frequent  or  be  found  lounging  about  saloons,  disreputable  places,  houses 
of  ill-fame,  or  who  shall  be  an  inmate  or  resident  or  a  member  of  a 
family  who  reside  in  any  house  of  ill-fame  or  conduct  any  other  dis- 
reputable place,  or  who  shall  frequent  other  rooms  or  places  where 
dissolute  and  disreputable  people  congregate  or  where  intoxicating 
liquors  are  kept  for  sale,  or  who  shall,  against  the  command  of  her  par- 
ents or  guardian,  run  away  or  wilfully  absent  herself  from  the  school 
she  is  attending  or  from  any  house,  office,  shop,  firm  or  other  place  where 
she  is  residing  or  legitimately  employed  with  labor,  or  who  shall  against 
such  command  of  her  parents  or  guardian  or  for  any  immoral,  dis- 
orderly or  dishonest  purposes  be  found  lounging  upon  the  public  streets, 
highways  or  other  public  resorts  or  at  places  of  amusement  of  dissolute 
or  improper  character,  or  who  shall  against  any  such  command  or  for 


64  MICHIGAN    STATE    LIBRARY. 

any  such  disorderly  or  dishonest  purposes  attend  any  public  dance, 
skating  rink,  or  show,  shall  be  deemed  guilty  as  a  truant  or  disorderly 
child.  Upon  arrest  and  conviction,  such  minor  girl  may  be  sentenced 
by  a  justice  of  the  peace,  police  justice  or  criminal  magistrate  to  the 
Industrial  Home  for  Girls  at  Adrian  until  twenty-one  years  of  age, 
unless  sooned  discharged  according  to  law :  Provided,  That  no  girl 
shall  be  sent  to  the  said  Industrial  Home  for  Girls  until  the  sentence 
therein  has  been  submitted  to  and  approved  by  one  of  the  judges  of  the 
Recorder's  Court  of  the  city  of  Detroit,  or  the  judge  of  the  Superior 
Court  of  the  City  of  Grand  Rapids,  or  by  a  circuit  judge  or  a  probate 
judge  of  the  county  in  which  such  conviction  shall  be  had.  (How.  14832- 
3;  C.  L.  11765-6.) 

KEEPING     HOUSE    OP    ILL-FAME    OR    INDUCING    WOMAN    TO    ENTER,    ETC.,     FOR 
PURPOSE  OF   PROSTITUTION. 

194.  Every  person  who  shall  keep  a  house  of  ill-fame,  resorted  to 
for  the  purpose  of  prostitution  or  lewdness,  and  every  person  who  shall 
solicit,  or  in  any  manner  induce  a  female  to  enter  such  house  for  the 
purpose  of  becoming  a  prostitute,  or  shall  by  force,  fraud,  deceit,  or 
in  any  like  manner  procure  a  female  to  enter  such  house  for  the  purpose 
of  prostitution  or  of  becoming  a  prostitute,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof  shall  be  punished  by  imprisonment 
in  the  state  prison  not  more  than  five  years,  or  in  the  county  jail  not 
more  than  one  year,  or  by  fine  not  exceeding  one  thousand  dollars,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court.  (How. 
14782;  C.  L.  11697.) 

See  section  197,  infra,  which  largely  supersedes  section  194. 

LKTTING  HOUSE,  KNOWING  THAT  IT  IS  TO   BE  USED  FOR  PURPOSE  OF  PROSTITU- 
TION   AND    LEWDNESS^   ETC. 

195.  If  any  person  shall  let  any  dwelling-house,  knowing  that  the 
lessee  intends  to  use  it  as  a  house  of  ill-fame  or  place  of  resort  for  the 
purpose  of  prostitution  and  lewdness,  or  for  the  purpose  of  gambling 
for  money  or  other  property,  or  shall  knowingly  permit  su€h  lessee  to 
use  tlie  same  for  such  ])urpose,  or  shall  receive  any  rent  for  any 
dwelling  house,  room  or  apartment  which  is  used  for  such  purposes, 
having  reasonable  cause  to  believe  such  house,  room,  or  apartment  is 
used  for  any  such  purpose,  he  shall  be  punished  by  fine  not  exceeding 
three  hundred  dollars,  or  imprisonment  in  the  county  jail  not  more 
than  six  months;  but  no  person  shall  be  liable  for  receiving  rent  as 
aforesaid  for  any  period  prior  to  the  time  when  he  shall  have  reasonable 
cause  to  believe  that  such  house,  room,  or  apartment  is  used  for  any 
such  purpose.    (How.  14784;  C.  L.  11699.) 

See  also  section  203,  infra. 

CONVETi-ING    TO    OR    EMPLOYING    IN    HOUSE    OF    ILL-FAME.    FEMALE    OF 
SB\T.NTEEN  OR  UNDER, 

196.  It  shall  be  unlawful  for  any  person  or  persons,  for  any  purpose 
whatever,  to  take  or  convey  to,  or  to  employ,  receive,  detain  or  suffer 
to  remain  in  any  house  of  prostitution,  house  of  ill-fame,  bawdy-house, 
house  of  assignation,  or  in  any  house  or  place  for  the  resort  of  prosti- 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  65 

tutes  or  other  disorderly  persons,  any  female  of  the  ajj^e  of  seventeen 
years  or  under.  Any  person  violating  the  provisions  of  this  section  shall 
be  subject  to  a  fine  of  not  more  than  one  hundred  dollars  or  imi)rison- 
ment  in  the  county  jail  not  exceeding  ninety  days,  and,  in  case  of  non- 
payment of  such  fine  when  imposed,  the  court  may  make  a  further  sen- 
tence that  the  offender  be  ini]>risoned  in  the  county  jail  for  a  definite 
period  of  time  not  exceeding  ninety  days  unless  said  fine  shall  be  sooner 
paid.    (no>y.  14824-5;  C.  L.11725-G.) 

PANDERING. 

197.  Any  person  who  shall  procure  a  female  inmate  for  a  house  of 
prostitution ;  or  who  shall  induce,  persuade,  encourage,  inveigle  or  en- 
tice a  female  person  to  become  a  prostitute ;  or  who  by  promises,  threats, 
violence  or  by  any  device  or  scheme,  shall  cause,  induce,  persuade,  en- 
courage, take,  place,  harbor,  inveigle  or  entice  a  female  to  become  an 
inmate  of  a  house  of  prostitution  or  assignation  place,,  or  any  place 
where  prostitution  is  practiced,  encouraged  or  allowed ;  or  any  per- 
son who  shall,  by  promises,  threats,  violence,  or  by  any  device  or  scheme, 
cause,  induce,  persuade,  encourage,  inveigle  or  entice  an  inmate  Of  a 
house  of  T^rostitution  or  place  of  assignation  to  remain  therein  as  such 
inmate;  or  any  person  who  by  ])romises.  threats,  violence,  by  any  de- 
vice or  scheme,  by  fraud  or  artifice,  or  by  duress  of  person  or  goods,  or 
by  abuse  of  any  position  of  confidence  or  authority,  or  having  legal 
charge,  shall  take,  place,  harbor,  inveigle,  entice,  ])ersuade.  encourage  or 
procure  any  female  person  to  enter  any  place  within  this  state  in  which 
prostitution  is  practiced,  encouraged  or  allowed,  for  the  purpose  of 
prostitution,  or  to  inveigle,  entice,  persuade,  encourage  or  procure  any 
female  person  to  come  into  this  state  or  to  leave  this  state  for  the  pur- 
pose of  prostitution ;  or  who  takes  or  detains  a  female  with  the  intent 
to  compel  her  by  force,  threats,  menace  or  duress  to  marry  him  or  to 
marry  any  other  person  or  to  be  defiled ;  or  upon  the  pretense  of  mar- 
riage takes  or  detains  a  female  person  for  the  purpose  of  sexual  inter- 
course ;  or  who  shall  receive  or  give,  or  agree  to  receive  or  give,  any 
money  or  thing  of  value  for  procuring  or  attempting  to  procure  any 
female  person  to  become  a  prostitute  or  to  come  into  this  state  or  leave 
this  state  for  the  purpose  of  prostitution,  shall  be  guilty  of  pandering, 
and  upon  conviction  shall  be  ])unished  by  imprisonment  for  a  term  not 
moi-e  than  thirty  years.    (How.  14835;  Sec.  1,  P.  A.  63,  1911.) 

See  also  sections  IKI.  177,  178.  194,  and  196,  supra,  superseded  in  all 
or  in  part  by  this  section. 

PLACING  OR  LEAVING,  OR  PROCURING  ANOTHER  TO  PLACE  OR  LEAVE  HIS  WIFE  IN 
A    HOUSE    OF   PROSTITUTION    OR   TO   PRACTICE   PROSTITUTION. 

198.  Any  person  who  by  force,  fraud,  intimidation  or  threat  places 
or  leaves,  or  procures  any  other  person  or  persons  to  place  or  leave  his 
wife  in  a  house  of  prostitution  or  to  lead  a  life  of  prostitution  shall  be 
guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  Dunished  by  im- 
prisonment for  a  term  not  more  than  twenty  years.  (How.  14836;  Sec. 
2,  P.  A.  63,  1911.) 


66  MICHIGAN    STATE    LIBRARY, 

RECEIVING.    OK     SHAKING     IN^     PKOCE'EDS     OF    PROSTITUTION. 

11)9.  Any  y)€i'son  who  shall  knowinglj'  accept,  receive,  levy  or  ap- 
propriate any  money  or  other  valuable  thing  without  consideration  from 
the  proceeds  of  the  earnings  of  any  woman  engaged  in  prostitution,  or 
any  person,  knowing  a  female  to  be  a  prostitute,  who  shall  live  or  derive 
support  or  maintenance,  in  whole  or  in  part,  from  the  earnings  or  pro- 
ceeds of  the  prostitution  of  said  prostitute,  or  from  moneys  loaned  or 
advanced  to  or  charged  against  her  by  any  keeper  or  manager  or  inmate 
of  a  house  or  other  place  where  prostitution  is  practiced  or  allowed, 
shall  be  deemed  guilty  of  a  felony,  and  on  conviction  thereof  shall  be 
punished  by  imprisonment  for  a  term  of  not  more  than  twenty  years. 
Any  such  acceptance,  receipt,  levy  or  appropriation  of  such  money  or 
valuable  thing  shall,  upon  any  proceeding  or  trial  for  violation  of  this 
section,  be  presumptive  evidence  of  lack  of  consideration.  (How.  14837 
and  Sec.  3,  P.  A.  63,  1911,  as  amended  by  P.  A.  284,  1913.) 

DETAINING  INMATE   OP  HOUSE  OP  PROSTITUTION.  ETC..  FOR  DEBT. 

200.  Any  person  or  persons  who  attempt  to  detain  any  female  person 
in  a  disorderly  house  or  house  of  prostitution  because  of  any  debt  or  debts 
she  has  contracted,  or  is  said  to  have  contracted  while  li\ing  in  said 
house,  shall  be  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  bv  imprisonment  for  a  teiTn  not  less  than  two  nor  more  than 
twenty  years.    (How.  14838;  Sec.  4,  P.  A.  63,  1911.) 

TRANSPORTING    FEMALE   FOR   PROSTITUTION. 

201.  Any  person  who  shall  knowingly  transport  or  cause  to  be  trans- 
ported, or  aid  or  assist  in  obtaining  transportation  for.  by  any  means  of 
conveyance,  into,  through  or  across  this  state,  any  female  person  for 
the  purpose  of  prostitution  or  with  the  intent  and  purpose  to  induce, 
entice,  or  compel  such  female  person  to  become  a  prostitute,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  punished 
by  imprisonment  for  a  temi  not  more  than  twenty  years;  any  person 
Tvho  may  commit  the  crime  in  this  section  mentioned  may  be  prosecuted, 
indicted,  tried  and  convicted  in  any  county  or  city  in  or  through  which 
he  shall  so  transport  or  attempt  to  transport  anv  female  person  as 
aforesaid.    (How.  14839;  Sec.  5,  P.  A.  63,  1911.) 

ACTS   COMMITTED   PARTLY   OUTSIDE   THIS   STATEi WITNESSES. 

202.  Tn  case  any  part  of  an  act  or  acts  for  which  prosecution  is 
instituted  under  the  provisions  of  sections  197  to  201,  supra,  shall  have 
been  committed  outside  this  state,  the  offense  shall  be  deemed  and  al- 
leged to  have  been  committed,  and  the  offender  tried  and  punished,  in 
any  county  in  which  the  prostitution  was  intended  to  be  practiced  or 
in  which  the  offense  was  consummated,  or  any  overt  act  in  furtherance 
of  the  offense  shall  have  been  committed ;  and  any  female  person  re- 
ferred to  in  said  sections  shall  be  a  competent  witness  in  any  prosecu- 
tion under  said  sections  to  testify  for  or  against  the  accused  as  to  any 
transaction  or  as  to  any  conversation  with  the  accused  or  by  him  with 
another  person  or  persons  in  her  presence,  notwithstanding  her  having 
married  the  accused  before  or  after  the  violation  of  any  of  the  provi- 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  67 

fsious  of  such  sections,  wlictlu*i-  calltMl  as  a  witness  diii-iiig  the  existence 
of  the  marriage  or  after  its  dissolution.  (How.  1484(1-1 ;  Sec.  6-7,  P.  A. 
63,  1911.) 

HOUSES   OF   ILL-FAME  DECLARED    NUISANCES. 

203.  Whoever  shall  conduct,  maintain,  own  or  lease  any  buildiiig  or 
place  used  for  the  purpose  of  lewdness,  assignation  or  prostitution  is 
guilty  of  a  nuisance,  and  the  building  or  place  in  or  upon  v/hich  which 
such  lewdness,  assignation  or  prostitution  is  conducted,  permitted  or 
carried  on,  and  the  furniture,  fixtures,  and  contents  are  also  declared 
a  nuisance  and  shall  be  enjoined  and  abated  as  hereinafter  provided. 
(Sec.  1,  P.  A.  272,  1915.) 

SAME;    PROSECUTION    FOR   ABATEMENT    OF    SUCH    NUISANCE'^    HOW    INSTITUTEiD_, 
BY    WHOM INJUNCTION. 

204.  Whenever  a  nuisance  is  kept,  maintained  or  exists,  as  defined  in 
the  preceding  section,  the  prosecuting  attorney  or  any  citizen  of  the 
county  may  maintain  an  action  in  chancery  in  the  name  of  the  State  of 
Michigan,  upon  the  relation  of  such  prosecuting  attorney  or  citizen,  to 
perpetually  enjoin  said  nuisance,  the  person  or  persons  conducting  or 
maintaining  the  same,  and  the  owner  or  agent  of  the  building  or  place 
w^here  said  nuisance  exists.  The  court  may  substitute  the  prosecuting 
attorney  for  the  complaining  party  and  direct  him  to  prosecute  said 
action  to  judgment,  but  if  such  action  is  brought  by  a  citizen  other  than 
the  prosecuting  attorney  without  reasonable  ground  or  cause  for  said 
action,  the  costs  may  be  taxed  to  such  citizen.  For  a  violation  of  such 
injunction  so  issued,  the  offender  may  be  punished  as  for  contempt  and 
punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  not  more  than  six  months,  or  by  both 
fine  and  imprisonment  in  the  discretion  of  the  court.  (Sees.  2,  3,  4,  P. 
A.  272,  1915.) 

same;    penalty    if   existence   of   such    NUISANCE   BE   ESTABLISHED. 

205.  If  the  existence  of  the  nuisance  be  established  in  such  action  as 
is  provided  for  by  the  foregoing  section,  an  order  of  abatement  shall  be 
entered  as  a  part  of  the  judgment  in  the  case  directing  the  removal  from 
the  place  or  building  of  all  furniture  or  contents  used  in  conducting  the 
nuisance,  and  ordering  the  sale  thereof  in  the  manner  provided  for 
the  sale  of  chattels  under  execution,  and  the  effectual  closing  of  the 
building  or  place  against  its  use  for  any  purpose,  and  so  keeping  it  closed 
for  a  period  of  one  year,  unless  sooner  released  by  the  court  making  said 
order.  Anv  person  found  guilty  of  maintaining  a  nuisance  under  this 
act  shall  forfeit  the  benefit  of  all  property  exemptions  so  far  as  the 
satisfaction  of  the  order,  decree  or  writ  of  said  court  requires  the  same. 
The  proceeds  of  the  sale  of  the  personal  property  as  herein  provided 
shall  be  applied  in  payment  of  the  costs  of  the  action  and  the  abate- 
ment, and  the  balance,  if  any,  shall  be  paid  to  the  defendant.  (Sec.  5, 
6,  P.  A.  272,  1915.) 


68  MICHIGAN    STATE    LIBRARY. 

sa.mk;  upon  pavmdnt  of  costs  and  filing  of  bond  by  thk  ownkr  of  build- 
ing, ACTION   MAY   BE  ABATED   AS  TO  THE  BUILDING   ONLY. 

200.  If  tlie  owner  of  such  building-  or  ])la(e  jtavs  all  the  costs  of  the 
j)r(Kee(lin<;,  and  files  a  bond  with  sureties  apjjioved  by  the  circuit  judge 
in  the  full  value  of  the  property,  conditioned  that  he  will  immediately 
abate  said  nuisance  and  prevent  the  same  from  being  established  or 
kept  therein  for  a  period  of  one  year  thereafter,  the  court  may  order 
such  premises  lo  be  delivered  to  said  owner  and  said  order  of  abate- 
ment cancelled  so  far  as  the  same  may  relate  to  said  property ;  and  if 
said  bond  be  given  and  costs  therein  paid  before  judgment  and  order  of 
abatement,  the  action  shall  be  thereby  abated  as  to  said  building  only. 
The  court  having  jurisdiction  of  any  proceedings  under  sections  203  to 
206  may  make  such  further  and  other  order  in  the  premises  as  may  be 
agreeable  to  equitv  and  not  inconsistent  with  the  provisions  of  said 
sections.    (Sec.  7.  8,  P.  A.  272,  1915.) 


CHAPTER  XVII. 
EMPLOYMRXT  OF  WOMEN  AND  CHILDREN  IN  CERTAIN  CASES. 

POWER    OF    LEGISLATURE    TO    REGULATE   BY    STATUTE. 

207.  The  legislature  shall  have  power  to  enact  laws  rehUive  to  the 
hours  and  conditions  under  which  women  and  children  mav  be  emploved. 
(Art.  Y.  Sec.  29,  Const.) 

HOURS   OF   LABOR. 

208.  No  male  under  the  age  of  eighteen  years,  and  no  female,  shall 
be  employed  in  any  factory,  mill,  warehouse,  workshop,  clothing,  dress- 
making or  millinery  establishment,  or  any  place  where  the  manufac- 
ture of  any  kind  of  goods  is  carried  on,  or  w^here  any  goods  are  pre- 
pared for  manufacturing,  or  in  any  laundry,  store,  shop,  or  any  other 
mercantile  establishment,  or  in  any  oflSce  or  restaurant,  for  a  period 
longer  than  an  average  of  nine  hours  a  day  or  fifty-four  hours  in  any 
week  or  more  than  ten  hours  in  any  one  day;  and  all  such  establish- 
ments shall  keep  posted  a  copy  of  this  section,  printed  in  large  type,  in 
a  conspicuous  place;  in  establishments  having  a  time  clock,  such  copy 
shall  be  posted  near  the  time  clock:  ProvMed,  hmmver,.  That  the 
I>r()vision  of  this  section  in  relation  to  the  hours  of  em])loyment  shall 
not  apply  to  nor  affect  any  person  engaged  in  preserving  perishable 
goods  in  fruit  and  vegetable  canning  establishments.  No  female  under 
the  age  of  eighteen  yeai-s  shall  be  employed  in  any  manufacturing  estab- 
lishment between  the  hours  of  six  o'clock  p.  m.  and  six  o'clock  a,  m.  No 
child  under  the  age  of  sixteen  years  shall  be  employed  in  any  manu- 
facturing establishment  or  work  shop,  mine  or  messenger  service,  in 
this  state  between  the  hours  of  six  o'clock  p.  m.  and  six  o'clock  a.  m. 
No  child  under  the  age  of  eighteen  years  shall  be  employed  between  the 


LAWS  OP  MICHIGAN  RELATING  TO  WOMEN.  69 

hoiir.s  of  ten  o'clock  ]>.  in.  and  five  o'clock  a.  m.  in   the  transmission, 
(listribution  or  delivery  of  messages  or  merchandise.    (I*.  A.  255,  1915.) 

CHILDREN,      EMPLOYMENT     OF PROHIBITEOD     IN     CERTAIN      CASES — NO     CHILD 

UNDER     SIXTEEN     YEARS     OF    AGE    TO    BB    EMPLOYED    AVITH- 
OUT  PERMIT now   PERMIT  ISSUED,  ETC. 

209.  No  child  under  the  age  of  twenty-one  years  shall  l>e  employed, 
jsermitted  or  suffered  to  work  in  any  theater,  concert  hall  or  place  of 
amusement  where  intoxicating  liquors  are  sold.  No  child  under  fifteen 
years  of  age  shall  be  employed,  permitted  or  sufl'ered  to  work  in,  or  in 
connection  with,  any  mercantile  institution,  store,  office,  hotel,  laundry, 
manufacturing  establishment,  mine,  bowling  alley,  billiard  or  pool  room 
conducted  for  profit,  theater,  passenger  or  freight  elevator,  factory  or 
workshop,  telegraph  or  messenger  service  within  this  state:  Provided, 
That  this  section  shall  not  apply  to  any  child  of  the  age  of  fourteen 
years  or  over,  working  during  the  established  vacation  period  in  preserv- 
ing perishable  goods  in  fruit  or  vegetable  canning  establishments.  It 
shall  be  the  duty  of  every  mercantile  institution,  store,  office,  hotel, 
laundry,  manufacturing  establishment,  mine,  bowling  alley,  workshop, 
telegraph  or  messenger  service,  or  any  person  coming  under  the  provi- 
sions of  this  act,  to  keep  a  register  in  which  will  be  recorded  the  name, 
birthplace,  age  and  place  of  residence  of  every  person  employed  under  the 
age  of  sixteen  years,  and  it  shall  be  unlawful  for  any  such  establish- 
ment or  person  to  hire  or  employ,  or  permit  to  be  hired  or  employed  or 
suffered  to  work,  any  child  under  the  age  of  sixteen  years  without  there 
is  first  provided  and  placed  on  file  in  the  business  office  thereof  a  permit 
issued  by  the  sui>erintendent  of  schools  of  the  school  district  in  which 
such  child  resides,  or  some  one  duly  authorized  by  him  in  writing,  or, 
where  there  is  no  superintendent  of  schools,  by  the  county  commissi(mer 
of  schools,  or  some  one  duly  authorized  by  him  in  writing,  any  of  whom 
shall  have  power  to  administer  oaths  in  relation  thereto.  Pucli  permit 
shall  be  returned  immediately  to  the  issuing  officer  when  such  child 
leaves  such  employment;  every  limited  vacation  ]>ermit,  hereinafter  to 
be  described,  shall,  upon  its  expiration,  be  void  and  of  no  effect.  The 
said  register  and  permit  shall  be  produced  for  ins|)ection  on  demand  of 
any  factory  inspector  appointed  under  this  act.  No  fee  shall  be  charged 
for  such  permit  or  other  record  required  by  this  act  by  any  officer  by 
whom  it  shall  be  issued.  Every  employer  complying  with  the  provisions 
of  this  section  shall  be  at  liberty  to  employ  the  person  so  presenting 
the  permit  hereinbefore  referred  to,  and  is  justified  in  considering  and 
treating  such  person  as  of  the  age  shown  in  such  ]>ermit  and  shall  not  be 
liable,  if  it  transpire  that  such  person  is  under  the  age  represented  in 
such  permit,  to  any  greater  extent  than  such  employer  would  be  liable  if 
such  person  were  of  the  age  represented.  The  person  authorized  and 
required  to  issue  such  ])ermit  shall  not  issue  the  same  until  he  has  re- 
ceived, examined,  approved  and  filed  the  following  papers,  duly  executed : 

A.  The  school  rei>ort  of  said  child  properly  filled  out  and  signed  as 
hereinafter  provided   (except  summer  vacation  permits). 

B.  Passport  or  duly  attested  transcript  of  record  of  birth. 

C.  If  "B"  is  not  produced,  a  statement  from  a  ithysician  connected 
officially  with  the  board  or  the  department  of  health,  certifying  that  in 


70  MICHIGAN    STATE    LIBRARY. 

his  opinion  such  child  is  fifteen  years  of  age  or  upwards,  together  with 
the  weight  and  height  of  said  child. 

D.  Statement  by  issuing  officer  that  he  has  examined  said  child,  that 
the  child  can  read  intelligently  and  write  legibly  simple  sentences  in 
English,  that  in  his  opinion  the  child  is  fifteen  years  of  age  or  upwards, 
and  has  reached  the  normal  development  of  a  child  of  its  age,  and  is  in 
sound  health  and  physically  able  to  perform  the  work  which  it  intends 
to  do,  and  that  in  his  opinion  the  services  of  the  child  are  essential  to 
the  support  of  itself  or  its  parents. 

Every  such  permit  shall  be  signed  in  the  presence  of  the  officer  issuing 
the  same  by  the  child  in  whose  name  it  is  issued ;  and  shiall  state  the 
date  and  place  of  birth  of  the  child,  and  describe  the  color  of  the  hair 
and  eyes,  the  lieight  and  weight  and  any  distinguishing  facial  marks  of 
such  child,  and  that  the  required  papers  have  been  duly  examined,  ap- 
proved and  filed,  and  that  the  child  named  in  such  permit  has  appeared 
before  the  officer  signing  the  same  and  has  been  examined.  The  school 
record  shall  be  signed  by  the  principal  or  chief  executive  officer  of  the 
school  which  such  child  has  attended  and  shall  be  furnished  on  demand 
to  a  child  entitled  thereto.  It  shall  contain  a  statement  certifying  that 
the  child  has  regularly  attended  the  public  schools,  or  schools  equivalent 
thereto,  or  parochial  schools  for  not  less  than  one  hundred  days  during 
the  school  year  previous  to  his  arriving  at  the  age  of  fifteen  years  or 
during  the  year  previous  to  applying  for  such  school  record,  and  is  able 
to  read  intelligently  and  write  legibly  simple  sentences  in  the  English 
language,  and  in  the  case  of  the  public  schools,  has  passed  satisfactorily 
the  work  of  the  school  up  to  and  including  the  work  of  the  sixth  grade, 
or  in  the  case  of  schools  other  than  public,  the  equivalent  thereto.  Such 
school  record  shall  also  give  the  age  and  residence  of  the  child  as  shown 
on  the  records  of  the  school  and  the  name  of  its  parents  or  guardians  or 
custodian :  Promdcd,  That  in  the  case  of  limited  vacation  permits 
the  school  record  and  all  other  requirements  relating  to  educational 
qualifications  shall  be  waived,  but  all  other  requirements  shall  be  com- 
plied with  as  ])rescribed  in  this  section.  Every  month  after  the  issuance 
of  a  permit  the  child  shall  report  to  the  person  who  issued  same,  either 
in  person  or  in  writing,  through  its  parent  or  guardian,  stating  that  the 
child  is  employed,  giving  the  name  of  employer  and  the  location  of  the 
place  of  employment,  and  if  not  employed,  said  child  shall  be  compelled 
to  attend  school.    (P.  A.  255,  1915.) 

EMPLOYMENT  OF  CHILDREN  AT  CERTAIN  W^ORK  PROHIBITED AGE  CERTIFICATES;, 

BY    WHOM    ISSUED.   WHAT   TO   CONTAIN CHILDREN    IN   THEATRI- 
CAL COMPANIES  EXEMPT  FROM   THESE  PROVISION'S. 

210.  No  female  under  the  age  of  twenty-one  years,  and  no  male  under 
the  age  of  eighteen  years,  shall  be  allowed  to  clean  machinery  while  in 
motion,  nor  be  employed  in  or  about  any  distillery,  brewery  or  any  other 
establishment  where  malt  or  alcoholic  liquors  are  manufactured,  packed. 
wra]»ped  or  bottled,  nor  in  any  hazardous  employment,  nor  where  their 
heallh  may  be  injured  or  morals  depraved,  nor  shall  females  be  unneces- 
sai-ily  required  in  any  employment  to  remain  standing  constantly.  No 
child  under  the  age  of  sixteen  years  shall  be  employed  in  or  about  any 
theater,  variety  show,  moving  picture  show,  burlesque  show,  or  other 
kind  of  playhouse,  music  or  dance  hall,  pool  room   or  billiard   room; 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  71 

Provided,  hoioever,  That  any  male  persou  over  sixteen  and  under 
eighteen  years  of  age  may  be  employed  in  any  occupation,  other  than 
the  cleaning  of  machinery  while  in  motion  and  occupations  in  or  about 
any  distillery,  brewery  or  other  establishment  where  malt  or  alcoliolic 
liquors  are  manufactured,  packed,  wrapped  or  bottled,  subject  to  the 
following  conditions : 

Such  employment  shall  be  for  a  total  of  not  more  than  fifty-four  hours 
in  any  week,  nor  more  than  ten  hours  in  any  one  day. 

The  occupation  in  which  such  person  is  employed  shall  be  approved 
by  the  Department  of  Labor,  as  not  being  injurious  to  health  or  morals, 
or  unduly  hazardous ;  Proi-^ided,  That  in  all  cities  in  which  the  De- 
partment of  Labor  maintains  a  permanent  office,  the  official  in  charge 
thereof  shall  be  authorized  and  required,  under  the  direction  of  the 
Commissioner  of  Labor,  and  in  other  cities  or  municipalities  the  superin- 
tendent of  schools  shall  likewise  be  authorized  and  required  to  issue, 
upon  demand,  certificates  of  age  to  young  persons  past  the  age  of  sixteen 
years  after  he  has  received,  examined,  approved  and  filed  the  following 
papers,  duly  executed : 

A.  Passport  or  duly  attested,  official  or  religious,  record  of  birth  : 

B.  Statement  of  physician  as  to  age,  in  his,  opinion,  if  ''A"  is  not 
furnished:  also  statement  as  to  w^eight  and  height. 

C.  Certificate  by  the  issuing  officer  of  examination,  statement  in 
certificate  giving  date  and  place  of  birth  of  said  ]>erson,  and  color  of 
the  hair  and  eyes,  height,  weight,  and  any  distinguishing  facial  marks; 
that  the  required  papers  were  received,  examined,  approved  and  filed,  and 
that  the  person  has  appeared  and  been  examined. 

Every  employer  complying  with  the  provisions  of  this  section  shall  be 
at  liberty  to  employ  the  person  so  presenting  the  certificate  referred  to, 
and  shall  not  be  liable,  if  it  transpire  that  such  person  is  under  the  age 
represented  in  such  certificate,  to  any  greater  extent  than  if  such  person 
were  of  the  age  represented. 

This  act  shall  not  be  construed  so  as  to  prevent  children  under  six- 
teen years  of  age  from  being  employed  by  traveling  theatrical  companies 
whose  employment  consists  of  acting  a  part  in  the  productions  of  such 
company.     (P.  A.  255,  1915.) 

HAND    RAILS    OX    STAIRWAYS — -STAIRWAYS    TO    BE    SCREENED    WHERE    FEMALES 
EMPLOYED^   ETC. 

211.  Stairw\ays  with  substantial  hand  rails  shall  be  provided  in  manu- 
facturing establishments,  and  where  in  the  opinion  of  the  factory  in- 
spector it  be  necessary,  the  steps  of  such  stairs  in  all  such  establish- 
ments shall  be  substantially  covered  with  rubber  securely  fastened  there- 
on, for  the  better  safety  of  persons  employed  in  said  establishments. 
The  stairs  shall  be  properly  screened  at  sides  and  bottom  where  females 
are  employed,  and,  where  practicable,  the  doors  of  such  establishments 
shall  swing  outwardly  or  slide,  as  ordered  by  said  factory  inspector,  and 
shall  be  neither  locked,  bolted  nor  fastened  during  working  hours.  (How. 
4022;  Sec.  14.  P.  A.  285,  1909.) 


72  MICHIGAN    STATE    LIBRARY. 

WASH    AND    DRESSING    UOOMS,    CLOSETS^    SLEEPING    QUARTERS    IN    HOTELS^   ETC.;, 
AND  RAILWAY  CARS  USED  AS  QUARTERS  FOR  CONSTRUCTION    CREWS. 

212.  Every  manufacturing  establishment,  workshop,  hotel  or  store  in 
which  five  or  more  persons  are  employed,  and  every  institution  in  which 
two  or  more  children,  young  persons  or  women  are  employed,  shall  be 
supplied  with  proper  wash  and  dressing  rooms,  and  kept  in  a  cleanly 
state  and  free  from  effluvia  arising  from  any  drain,  privy  or  other 
nuisance,  and  shall  be  provided,  within  reasonable  access,  with  a  suffi- 
cient number  of  ])roper  water  closets,  earth  closets  or  privies  for  the 
reasonable  use  of  persons  employed  therein,  at  least  one  of  such  closets 
for  each  twenty-five  persons  employed;  and  whenever  two  or  more  per- 
sons and  one  or  more  female  persons  are  employed  as  aforesaid,  a  suffi- 
cient number  of  separate  and  distinct  water  closets,  earth  closets  or 
privies  shall  be  provided  for  the  use  of  each  sex,  and  plainly  so  desig- 
nated, and  no  person  shall  be  allowed  to  use  any  such  closet  or  privy 
assigned  to  persons  of  the  other  sex.  In  all  hotels  where  sleeping  rooms 
are  provided  for  female  help,  such  rooms  shall  have  proper  heat  and 
ventilation.  Where  railway  cars  are  used  for  sleeping  or  living  pur- 
poses, or  where  other  premises  for  sleeping  or  living  accommodations 
are  furnished,  by  any  employer  or  his  agent,  for  men  or  women  engaged 
in  construction  of  railroad  or  other  work,  such  cars  or  other  premises 
shall  be  maintained  in  a  cleanly  and  sanitary  condition  and  kept  suffi- 
ciently heated  and  well  lighted  and  ventilated,  and  a  separate  place  and 
facilities  shall  also  be  provided  for  the  purpose  of  drying  clothes.  Any 
firm,  person  or  corporation,  or  any  agent  or  foreman  thereof,  or  any  con- 
tractor or  other  person  who  has  control  over  such  conditions  may  be  prose- 
cuted at  the  instance  of  the  factory  inspector  or  other  proper  authority 
when  there  occurs  a  violation  of  this  section  with  resiJect  to  the  conditions 
specified  therein,  over  which  such  person,  firm  or  corporation  has  control. 
It  shall  be  unlawful  for  any  employe  to  do  anything  to  hinder  or  make 
difficult  compliance  with  this  section:  Provided,  That  the  provisions 
of  this  section  shall  not  apply  to  railway  sleeping  cars  used  exclusively 
for  the  transportation  and  accommodation  of  passengers  carried  by 
such  railways.    (P.  A.  3,  1915.) 

FACTORY   INSPECTORS.  WHO   ARE — AT  LEAST  TWO   TO  BE   WOMEN. 

213.  The  Commissioner  of  Labor  shall  be  the  chief  factory  inspector 
and  the  deputy  commissioner  of  labor  and  deputy  factory  inspectors 
shall  be  factory  inspectors  in  the  meaning  of  this  act.  At  least  two  of 
such  dej)utv  factorv  inspectors  shall  be  women.  (How.  4026;  Sec.  18,  P. 
A.  285,  1909.) 

SWEAT-SHOPS ^MANUFACTURE  OF  CLOTHING^  ETC.,  IN  TENEMENT  OR  DWELLING 

PERMIT' — AIR-SPACEl^  ETC. 

214.  No  room  or  apartment  in  any  tenement  or  dAvelling  house  shall 
be  used  for  the  manufacture  of  coats,  vests,  trousers,  knee  pants,  over- 
alls, skirts,  dresses,  cloaks,  hats,  caps,  suspenders,  jerseys,  blouses,  waists, 
waist-bands,  underwear,  neck-wear,  furs,  fur  trimming,  fur  garments, 
shirts,  hosiery,  purses,  feathers,  artificial  flowers,  cigarettes  or  cigars, 
and  no  person,  firm  or  coqjoration  shall  hire  or  employ  any  jiersons  to 
work    in    any    room,    apartment    or    building    or    parts    of    buildings. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  73 

at  making  iu  whole  or  in  part  any  of  the  articles  meutioned,  without 
first  obtaining  a  written  permit  from  the  factory  inspector  or  a  deputy, 
stating  the  maximum  number  of  persons  allowed  to  be  employed  therein 
and  that  the  building  or  part  of  building  intended  to  be  used  for  such 
work  or  business  is  thoroughly  cleaned,  sanitary  and  fit  for  occupancy 
for  such  work  or  business:  Provided,  That  nothing  in  this  section  shall 
prevent  the  employment  of  a  seamstress  by  any  family  for  manufactur- 
ing articles  for  the  use  of  such  family.  None  of  the  work  mentioned 
herein  shall  be  done  in  any  room  or  apartment  used  for  living  or  sleep- 
ing purposes,  or  which  is  connected  with  the  room  or  rooms  used  for 
such  purposes,  and  which  has  not  a  separate  and  distinct  outside  en- 
trance for  use  of  others  than  members  of  the  family  dwelling  therein. 
Not  less  than  two  hundred  fifty  cubic  feet  of  air  space  shall  be  allowed 
for  each  person  employed,  and  all  work  rooms  shall  be  provided  with 
sufficient  means  of  light,  heat  and  ventilation.  (How.  4030;  Sec.  22,  P. 
A.  285,  1909.) 

SEATS   FOR  FEMALE    HELP PENALTY  FOR  NEGLECT  OR  REFUSAL  TO  PROVmE   OR 

FOR    PROHIBITING    USB    OF    SUCH    SEATS    DURING    LEISURE    MOMENTS. 

215.  All  persons  who  employ  females  in  stores,  shops,  hotels,  offices, 
warehouses,  or  manufactories,  as  clerks,  assistants,  operatives,  or  help- 
ers in  any  business,  trade  or  occu])ation  carried  on  or  operated  by  them, 
shall  be  required  to  procure  and  provide  proper  and  suitable  seats  for 
all  such  females  and  shall  permit  the  use  of  such  seats,  rests  or  stools 
as  may  be  necessary,  and  shall  not  make  any  arbitrary  rules,  regulations 
or  orders  preventing  the  use  of  such  stools  or  seats  at  reasonable  times. 
No  emidoyer  of  female  help  shall  neglect  or  refuse  to  provide  seats  as 
provided  in  this  act,  nor  shall  he  make  any  rules,  orders  or  regTilations 
in  shops,  stores  or  other  places  of  business  requiring  females  to 
remain  standing  when  not  necessarily  in  service  or  labor  therein.  (How. 
3905  and  4032;  Sec.  5.  P.  A.  39,  1885,  and  Sec.  24,  P.  A.  285,  1909.) 

EMPLOYMENT    OF    FEMALES.    WHERE    LIQUOR    IS    SOLD.    IS    PROHIBITED. 

216.  No  person  shall  employ  or  permit  any  girl  or  Avoman  to  act  as 
barkeeper,  or  to  serve  liquor,  or  to  furnish  music,  or  for  dancing  in  any 
saloon  or  barroom  where  spirituous  or  intoxicating  liquors,  or  malt, 
brewed  or  fermented  liquors  are  sold  or  kept  for  sale.  (How.  4033; 
Sec.  25,  P.  A.  285,  1909.) 

PENALTY   FOR    VIOLATION   OF   PROVISIONS   OF   THIS    CHAPTER. 

217.  Any  person  who  violates  or  omits  to  comply  with  any  of  the  fore- 
going provisions  of  this  chapter,  or  who  interferes  in  any  manner  with 
the  factory  inspector  in  the  discharge  of  his  duties,  or  who  suffers  or 
permits  any  child  or  female  to  be  employed  in  violation  of  its  provi- 
sions, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  for  not  less  tluMi  ten  nor  more  than  ninety 
davs,  or  bv  both  sucli  fine  and  imurisonment  in  the  discretion  of  the 
court.    (How.  4062:  Sec.  54,  P.  A.  285,  1909.) 


74  MICHIGAN    STATE    LIBRARY. 

CHAPTER  XVIII. 
PROTECTION  FOR  FEMALES  IN  OTHER  CASES. 

CARB  OF  FEMALE  PATIENTS  EN   ROUTE  TO  AN    INSANE  ASYLUM   OR  THE   MICHI- 
GAN  HOME  FOR    THE  FEEBLE-MINDED  AND   EPILEPTIC. 

218.  Eacli  female  admitted  to  the  Michigan  Home  for  the  Feeble- 
Minded  and  Epileptic,  or  to  an  asylum  for  the  insane,  shall  be  accom- 
panied bv  a  female  attendant  of  reputable  character  and  mature  age, 
to  be  designated  by  the  court,  unless  accompanied  by  her  father,  brother 
husband  or  son.  Any  person  or  officer  who  shall  bring  a  female  patient 
to  the  home  or  an  asylum  in  violation  of  the  provisions  of  this  section, 
or  who  shall,  under  the  provisions  of  law  or  otherwise,  bring  or  accom- 
pany any  patient  to  the  home  or  an  asylum  and  not  in  due  time  deliver 
such  patient  into  the  lawful  care  and  custody  of  the  proper  officer  of 
the  home  or  an  asylum,  as  the  case  may  be,  taking  his  receipt  therefor 
if  such  patient  be  admitted,  or  who  shall  wilfully  leave,  abandon,  neg- 
lect or  abuse  such  patient,  either  in  going  to  or  returning  from  the  home 
or  an  asvlum,  shall  be  deemed  guilty  of  a  misdemeanor.  (How.  3680- 
3796;  Sec.  40.  P.  A.  217,  1903;  Sec.  29,  P.  A.  101,  1909.) 

WOMEN   PHYSICIANS   IN    STATE  INSTITUTIONS. 

219.  In  the  following  named  institutions  of  this  state  at  least  one 
resident  woman  physician  shall  be  employed,  who,  under  the  direction 
of  the  superintendent  of  such  institution,  shall  render  such  women  or 
girls  who  are  inmates  such  medical  treatment  as  shall  from  time  to  time 
be  necessary :  The  Asylum  for  the  Insane  at  Kalamazoo,  the  Asylum  for 
the  Insane  at  Traverse  City,  the  Asylum  for  the  Insane  at  Pontiac,  the 
Asylum  for  the  Insane  at  Newberry,  the  Home  for  the  Feeble-Minded 
and  Epileptic  at  Lapeer,  and  all  institutions  of  like  nature  which  may 
hereafter  be  established. 

In  the  following  institutions  of  this  state,  a  woman  physician  shall 
be  employed,  who  shall  render  to  such  women  and  girls  who  are  in- 
mates such  medical  treatment  and  services  as  may  from  time  to  time 
be  necessary:  The  Industrial  Home  for  Girls  at  Adrian,  the  School  for 
the  Deaf  at  Flint,  the  School  for  the  Blind  at  Lansing,  and  all  institu- 
tions of  like  nature  Avhich  mav  hereafter  be  created.  (How.  3887-8; 
P.  A.  185,  1899.  amended  by  P.  A.  85,  1901.) 

INTOXICATING  LIQUORS;  UNLAWFUL  TO  SELL  WHEN  FORBIDDEN  IN  WRITING  B\^ 
WIFE,   HUSBAND,   ETC.,    OF    PURCHASER. 

220.  It  sliall  not  be  lawful  for  any  person  (except  a  druggist  under 
certain  conditions)  to  sell,  furnish  or  give  any  spirituous,  malt,  brewed, 
fermented  or  vinous  liquors,  or  any  beverage,  liquor,  or  liquids  con- 
taining any  spirituous,  malt,  brewed,  fermented,  or  vinous  liquor,  to 
any  minor,  to  any  intoxicated  person,  nor  to  any  person  in  the  habit  of 
getting  intoxicated,  nor  to  any  Indian,  nor  any  person  of  Indian  descent. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  75 

nor  to  any  person  when  forbidden  in  writing  so  to  do  by  the  husband, 
wife,  parent,  child,  guardian  or  employer  of  such  person,  or  by  the 
supervisor  of  the  township,  mayor,  director  of  the  poor,  or  the  super- 
intendent of  the  poor  of  the  county  where  such  j>erson  shall  reside  or 
temporarily  remain.  The  fact  of  selling,  giving  or  furnishing  any  liquid  in 
any  place  where  intoxicating  liquors  are  sold,  or  kept  for  sale,  to  any  per- 
son when  forbidden  in  writing  so  to  do  by  the  husband,  wife,  parent, 
child,  guardian  or  employer  of  such  person  shall  be  prima  facie  evidence 
of  an  intent  on  the  part  of  the  person  so  selling,  giving  or  furnishing 
such  liquid,  to  violate  the  law.  A  saloon  keeper  who  permits  an  adult 
to  treat  a  minor  in  his  place  and  furnishes  the  liquor  is  guilty  under 
this  section.    (How.  5007;  C.  L.  5301;  People  v.  Newmann,  85  Mich.  98.) 

WIFE,  HUSBAND,  ETC.,   MAY  HAVE  RIGHT  OP  ACTION  AGAINST  PERSON  FURNISH- 
ING LIQUOR  FOR  INJURIES  TO   PERSON  OR  PROPERTY  RESULT- 
ING THEREFROM   OR  DUE  TO  SUCH  CAUSE. 

221.  Every  wife,  child,  parent,  guardian,  husband,  or  other  person 
who  shall  be  injured  in  person  or  property  or  means  of  support  or  other- 
wise, by  any  intoxicated  person  or  by  reason  of  the  intoxication  of  any 
person,  or  by  reason  of  the  selling,  giving  or  furnishing  of  any  spiritu- 
ous, intoxicating,  fermented,  or  malt  liquors,  to  any  person,  shall  have 
a  right  of  action  in  his  or  her  own  name  against  any  person  or  persons 
who  shall,  by  selling  or  giving  any  intoxicating  or  malt  liquor,  have 
caused  or  contributed  to  the  intoxication  of  such  person  or  persons,  or 
who  have  caused  or  contributed  to  such  injury,  and  the  principal  and 
sureties  to  the  bond  required  of  licensees  for  the  sale  of  liquor,  shall  be 
liable  severally  and  jointly  with  the  person  or  persons  selling,  giving  or 
furnishing  any  spirituous,  intoxicating  or  malt  liquors,  as  aforesaid, 
and  in  an  action  provided  for  in  this  section,  the  plaintiff  shall  have 
a  right  to  recover  actual  and  exemplary  damages.  In  case  of  the  death 
of  either  party,  the  action  and  right  of  action  given  by  this  section 
shall  survive  to  and  against  his  executor  or  administrator.  And  in  every 
action  by  any  wife,  husband,  parent,  or  child,  general  reputation  of  the 
relation  of  husband  and  wife,  parent  and  child,  shall  be  prima  facie 
evidence  of  such  relation,  and  the  amount  recovered  by  every  wife  or 
child  shall  be  his  or  her  sole  and  separate  property.  Any  sale  or  gift  of 
intoxicating  or  malt  liquor  by  the  lessee  or  occupant  of  any  premises, 
resulting  in  damages,  shall,  at  the  option  of  the  lessor,  work  a  forfeiture 
of  the  lease,  and  the  circuit  court  in  chancery  may  enjoin  the  sale,  giv- 
ing away  or  furnishing  of  any  intoxicating  or  malt  liquors,  by  any  lessee 
or  occupant  of  the  premises,  which  may  result  in  loss  or  damage  or 
liabilitv  to  the  lessor,  or  anv  person  claiming  under  such  lessor.  (How. 
5074;  C.  L.  5398.) 

In  a  suit  by  the  wife,  injury  and  loss  of  future,  as  well  as  present, 
means  of  support  may  be  taken  into  consideration ;  also  her  mental  suf- 
fering, disgrace,  loss  of  society  and  companionship,  resulting  from  the 
intoxication.  (Friend  v.  Dunks.  37  Mich.  25.)  In  such  an  action  by  the 
wife,  the  husband  may  not  testify  without  the  wife's  permission.  (Wood 
V.  Lentz,  116  Mich.  275.) 


76  MICHIGAN    STATE    LIBRARY. 

DAMAGES    ARI.S1.NT;     FROM     SALE    OF    LIQUOR AVHO     MAY     SUE    WHEN     SALE     IS 

TO  A    CHILD. 

,222.  The  daina^es  in  all  cases  arisinii  nuder  this  act.  together  with 
the  costs  of  the  suit,  shall  be  recoverable  in  an  action  of  trespass  on 
the  case  before  any  court  of  competent  jurisdiction.  And  in  an}-  case 
where  ]>arents  shall  be  entitled  to  such  damages,  either  the  father  or 
the  inotlier  may  sue  alone  thferefor,  but  recovery  by  one  of  said  parties 
shall  be  a  bar  to  a  suit  brought  by  the  other.    (How.  5075;  C.  L.  5399.) 

SLANDER WORDS    IMPUTING    WANT   OF    CHASTITY    TO   A    FEMALE    ARE 

ACTIONABLE   PER    SE. 

223.  Words  imputing  to  any  female  a  want  of  chastity  shall  be 
deemed  to  be  actionable  in  themselves,  and  shall  subject  the  person  who 
shall  utter  and  publish  such  words  to  an  action  on  the  case  for  slander, 
in  the  same  manner  as  the  uttering  and  publishing  of  words  imputing 
the  commission  of  a  criminal  offense.     (Sec.  20,  Chap.  20,  P.  A.  314,  1915.) 

MAINTENANCE   OF   ILLEGTIMATB   CHILDREN;    COMPLAINT  BY   MOTHER   OR    PROS- 
PECTIVE  MOTHER EXAMINATION  OF  CO^MPLAINANT ARREST  OF  ACCUSED. 

224.  When  any  woman  who  has  been  delivered  of  a  bastard  child,  or  is 
pregnant  with  a  child,  which,  if  born  alive,  may  be  a  bastard,  shall  make 
a  complaint  to  any  justice  of  the  peace,  and  shall  desire  to  institute  a 
prosecution  against  the  person  whom  she  accuses  of  being  the  father  of 
the  child,  the  justice  shall  take  her  accusation  and  examination  in  writ- 
ing, under  oath,  respecting  the  person  accused,  the  time  when  and  the 
place  where  the  complainant  was  begotten  with  child,  and  such  other 
circumstances  as  the  said  justice  shall  deem  necessary  for  the  discovery 
of  the  truth  of  such  accusation.  The  said  justice  may  issue  his  warrant 
against  the  party  accused,  which  may  be  executed  in  any  part  of  the 
state,  and  after  hearing  him  in  his  defense,  may  require  him  to  enter 
into  recognizance  with  one  or  more  sureties  to  the  satisfaction  of  the 
justice  in  such  sum  as  he  may  deem  necessary,  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars,  upon  condition  to  appear  and 
answer  to  the  said  complaint  at  the  next  term  of  the  circuit  court  for 
the  county,  and  to  abide  the  order  of  the  court  thereon,  and  may  order 
him  to  be  committed  until  he  shall  enter  into  such  recognizance;  and 
on  the  trial  of  the  issue  before  the  court,  the  examination  taken  as 
aforesaid  shall  be  given  in  evidence.    (How.  4986-7;  C.  L.  5901-2.) 

same;    TRIAIy— finding    by    THE    JURY ORDEU    BY    THE    COURT. 

225.  Upon  the  trial  of  the  cause,  the  issue  to  the  jury  shall  be,  whether 
the  defendant  is  guilty  or  not  guilty;  and  if  the  jury  shall  find  him 
guilty,  or  if  he  shall  admit  the  truth  of  the  accusation,  he  shall  be  ad- 
judged to  be  the  father  of  such  child,  and  shall  stand  chargeable  with 
the  maintenance  thereof,  Avith  the  assistance  of  the  mother,  in  such 
manner  as  the  court  shall  order.  The  object  of  the  statute  is  the  pro- 
tection of  the  public  against  support  of  the  illegitimate  child  and  it 
does  not  apply  where  the  child  lives  out  of  the  state,  even  though  be- 
gotten within  the  state.  Such  person  so  adjudged  to  be  the  father  of 
such  child  shall  give  bond  to  the  sui^erintendents  of  the  poor  of  the 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  77 

county,  with  sufficient  (sureties  to  the  satisfaction  of  the  court,  to  per- 
form such  order  and  also  to  iudenmifv  tlie  county  which  might  be  charge- 
able with  the  maintenance  of  such  child;  and  he  may  be  committed  to 
prison  until  he  shall  give  such  bond;  but  if  on  such  trial  he  shall  be 
found  not  guilty,  the  court  shall  order  that  he  be  discharged;  and  in 
either  case,  the  judgment  of  the  court  shall  be  final.  In  case  of  im- 
prisonment, the  expense  of  the  imprisonment  is  to  be  borne  by  the  pub- 
lic and  not  bv  the  mother.  (How.  4989-00;  C.  L.  5004  5 ;  Sutfin'v.  People, 
48  ^lich.  a7;'Waite  v.  Washingion,  44  Mich.  388.) 

same;    relief    of    person    imprisoned from    prison    P.IT    not    FRO'M 

CIVIL    LIABILITY. 

'2'2{'>.  Any  man  who  shall  have  been  imprisoned  six  mouths  for  hav- 
ing failed  to  comply  with  the  order  of  the  circuit  or  su])erior  court,  as 
provided  in  the  foregoing  section,  shall  have  the  benefit  of  the  laws  for 
the  relief  of  poor  prisoners  committed  on  execution  for  debt :  Provided, 
That  he  shall  procure  the  like  notification  of  his  intention  to  take  the 
oath  prescribed  to  i)oor  debtois  to  be  served  on  the  comi^lainant  if  still 
living  in  this  state,  and  a  like  notice  upon  one  of  the  said  superinten- 
dents of  the  poor,  and  upon  the  prosecuting  attorney  of  The  coup.ty  where 
such  conviction  shall  have  been  had;  such  notification  to  be  served  at 
least  thirty  days  before  the  time  appointed  for  taking  said  oath :  Pro- 
vided, That  the  taking  of  such  oath  shall  in  nowise  release  the  person 
taking  the  same  from  any  civil  liability  to  said  complainant  under  an 
order  of  such  circuit  or  superior  court:  And  Provided  further.  That  in 
the  trial  of  any  cause  for  the  recovery  of  any  sum  of  money  ordered  by 
the  circuit  court  to  be  paid  by  any  defendant  for  the  support  of  any 
illegitimate  child,  a  certified  copy  of  such  order  shall  be  prima  facie  evi- 
dence of  the  liability  of  such  defendant.  The  mother  of  such  child,  and 
the  said  county  superintendents,  respectively,  may,  at  all  times  after  the 
liberation  of  such  prisoner  on  taking  said  oath,  recover  by  action  of 
debt  or  on  the  case  any  sum  of  money  which  ought  to  have  been  paid  to 
them  respectivelv  bv  him  in  pursuance  of  such  order  of  the  court.  (How. 
4001-2;  C.  L.  5906-7.) 

same;  WHEiN  SUPERINTENDENTS  OF  POOR  MAY  CAUSE  EXAMINATION  OF  WOMAN 
^ARREST  OF  REPUTED  FATHER COMPROMISE  W^TH  SUCH  FATHER. 

227.  If  any  Avoman  shall  be  delivered  of  a  bastard  child,  which  shall 
Ije  chargeable  or  likely  to  become  chargeable  to  any  county,  or  shall  be 
pregnant  of  a  child  likely  to  be  born  a  bastard  and  to  become  chargeable 
to  any  county,  the  superintendents  of  the  poor  of  any  county,  or  any  of 
them,  where  such  woman  shall  be,  shall,  upon  application  for  aid  in 
supporting  such  child  by  the  mother  thereof,  apply  to  some  justice  of  the 
peace  of  the  same  county  to  make  inquiry  into  the  facts  and  circmu- 
stances  of  the  case.  Such  justice  shall  examine  such  Avoman  on  oath 
respecting  the  father  of  such  child,  the  time  when  and  the  place  where 
she  was  begotten  with  child,  and  such  other  circumstances  as  the  jus- 
tice may  deem  necessary  for  the  discovery  of  the  truth;  and  shall  tlierc 
upon  issue  his  Avarrant  to  a])prehend  the  reputed  father;  and  the  same 
I»rocedings  shall  be  thereupon  had  as  if  complaint  had  been  made  by  sue'' 
woman.     Any   warrant   issued   for   the   apprehension    of   such   reputed 


78  MICHIGAN    STATE    LIBRARY. 

father  may  be  executed  in  any  county  in  this  state  in  which  the  person 
against  whom  the  warrant  is  issued  may  be  found.  The  superintendents  of 
the  poor  of  any  county  in  this  state  shall  have  the  power  to  make  such 
compromise  and  arrangement  with  the  putative  father  of  any  bastard 
cliild  in  such  county,  relative  to  the  support  of  such  child,  as  they  shall 
deem  equitable  and  just,  and  thereupon  may  discharge  such  putative 
father  from  all  liabilitv  for  the  support  of  such  bastard,  (How.  4993-6; 
C.  L.  5908-11.) 

MATERNITY   HOSPITALS;   UNLAWFUL  TO   CONDUCT  WITHOUT  LICENSE. 

228.  It  shall  be  unlawful  for  any  person, 'society,  association,  organi- 
zation or  corporation  to  conduct,  establish,  maintain  or  carry  on  any 
maternity  or  lying-in  hospital  where  females  may  be  received,  cared  for, 
or  treated  during  pregnancy,  or  during  or  after  delivery,  without  hav- 
ing in  full  force  a  license  therefor,  as  hereinafter  provided,  from  the 
Board  of  Corrections  and  Charities.     (Sec.  1,  P.  A.  263,  1913.) 

same;  application  for  license WHAT  LICENSE  SHALL  SPECIFY. 

229.  Any  person,  society,  association,  organization  or  corporation 
desiring  to  obtain  such  license  shall  file  with  the  Board  of  Corrections 
and  Charities  a  written  application  endorsed  by  six  or  more  persons  of 
good  moral  character  who  are  resident  tax  payers  of  the  county  where 
such  maternity  or  lying-in  hospital  is  to  be  located,  and  who  shall  certify 
to  the  respectability  of  the  applicant,  and  that  such  hospital  shall  be  used 
only  for  legitimate,  moral  and  charitable  purposes.  Such  license,  if 
issued,  shall  continue  in  force  one  year,  subject  to  revocation  for  cause 
by  said  board  granting  same.  Every  license  isssued  must  specify  the  name 
and  residence  of  the  person,  or  corporation,  the  place,  and  the  approxi- 
mate number  of  female  patients  thereby  allowed  to  be  received  or  kept 
therein  at  any  one  time.     (Sec.  3,  P.  A.  263,  1913.) 

same;    WHAT  RECORDS   MUST  BE  KEPT WHO    MAY    INSPECT DISCLOSURE 

PROHIBITED. 

230.  Every  licensee  is  required  to  keep  a  register  of  the  name  and 
address  of  each  person  admitted,  the  date  of  admission,  and  tlie  date  of 
birth  of  every  child  born  on  said  premises;  also  a  correct  register  of  the 
name,  age,  color  and  sex  of  every  child  who  is  given  out,  adopted,  taken 
away  or  indentured  from  such  place,  together  with  the  name  and  resi- 
dence of  the  person  or  persons  so  adopting,  taking  or  indenturing  such 
child.  Each  maternity  or  lying-in  hospital  and  its  records  are  subject 
to  inspection  and  examination  at  any  reasonable  time  by  any  member  of 
the  Board  of  Corrections  and  Charities,  by  its  secretary,  by  any  member 
of  the  local  board  of  health,  and  by  the  principal  agent  of  any  duly  in- 
(•or])orated  society  for  the  prevention  of  cruelty  to  children,  but  by  no 
others.  No  ]>ers()n  having  access  to  records  shall  divulge  or  disclose 
the  contents  of  the  records  or  any  of  the  particulars  entered  therein, 
and  said  records  shall  not  be  used  in  evidence  in  any  civil  or  criminal 
action  against  anv  inmate  of  said  institutions  named  herein.  (Sec.  4-5, 
P.  A.  263,  1913.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  79 

same;  penalty  for  violating  the  provisions  re  maternity  hospitals. 

231.  A  violation  of  tlie  provisions  of  sections  228  to  230,  supra,  shall 
be  deemed  a  misdemeanor  under  a  penalty,  for  the  first  offense,  of  a  fine 
not  exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding  three 
months  in  the  county  jail  or  the  House  of  Correction;  for  the  second  and 
subsequent  offenses,  a  fine  of  not  less  than  one  hundred  dollars  nor  ex- 
ceeding two  hundred  dollars,  or  by  imprisonment  not  less  than  three 
months  nor  exceeding  one  year  in  the  county  jail  or  the  House  of  Correc- 
tion, or  both  fine  and  imprisonment  in  the  discretion  of  the  court. 
Nothing  in  this  act  shall  be  construed  as  authorizing  any  licensee  to 
receive,  maintain  or  place  out  any  children  other  than  those  born  in  such 
maternity  or  lying-in  hospital.    (Sec.  G,  P.  A.  263,  1913.) 

medical  and  surgical  treatment  of  poor  persons  ANT)  CARE  OP  PREGNANT 
WOMEiN  IN  SUCH  CASES  ;  REPORT  TO  JUDGE  OF  PROBATE^ INVESTIGATION. 

232.  Whenever  it  shall  appear  to  any  county  agent  of  the  Board  of 
Corrections  and  Charities,  or  to  any  supervisor  of  any  township,  or  to 
any  superintendent  of  the  poor  of  any  county,  that  there  is  any  adult 
legal  resident  of  his  county  afflicted  with  any  malady  which  can  be 
remedied  by  proper  care  and  medical  or  surgical  treatment,  or  any  preg- 
nant woman,  and  that  said  person  or  pregnant  woman  is  unable 
financially  to  secure  proper  care  and  medical  or  surgical  treatment,  it 
shall  be  the  duty  of  such  agent,  supervisor,  superintendent  of  the  poor, 
or  physician  to  report  the  same  to  the  proper  judge  of  probate  of  the 
county  in  which  such  person  or  pregnant  woman  resides.  Upon  the  filing 
of  said  report  with  the  judge  of  probate  as  aforesaid,  it  shall  be  his  duty 
to  cause  a  thorough  investigation  to  be  made  of  the  financial  condition 
of  the  case  through  the  county  agent  or  superintendent  of  the  poor  of 
his  county,  and  to  have  a  thorough  examination  and  report  and  a  com- 
plete historv  of  the  case  made  bv  a  phvsician  appointed  bv  him  for  that 
purpose.    (Sec.  1,  P.  A.  267,  1915.) 

same;    when    COURT    MAY    ORDER    SUCH    PREGNANT    WOMAN    OR    OTHER    POOR 
PERSON    TAKEN    TO    THE    UNIVERSITY    HOSPITAL    AT    ANN    ARBOR. 

233.  If  upon  such  investigation  it  shall  appear  to  said  judge  of  pro- 
bate that  any  person  of  either  of  the  classes  heretofore  described  is 
financially  unable  to  secure  proper  care  and  medical  or  surgical  treat- 
ment, and  the  physician  so  appointed  to  make  said  examination  shall 
also  certify  that  in  his  opinion  the  deformity  or  malady  is  of  such  a 
nature  that  it  can  be  remedied  by  proper  care  and  medical  or  surgical 
treatment,  or  that  said  pregnant  woman  is  entitled  to  care  and  treat- 
ment, and  is  financially  unable  to  secure  the  same,  said  judge  of  pro- 
bate may  make  an  order  finding,  determining  and  decreeing  that  such 
person  is  a  resident  of  said  county,  and  that  such  county  is  liable  for 
the  ex])enses  of  such  person  incurred  under  the  provisions  of  tin's  act. 
and  directing  that  any  such  person  be  conveyed  to  the  TTniversity  Hos- 
pital at  Ann  Arbor  for  proper  hospital  care  and  medical  or  surgical 
treatment,  the  expense  of  said  hospital  care  and  treatment  to  be  met  in 
the  manner  hereinafter  provided.  The  expenses  of  the  medical  or  surgi- 
cal treatment  and  hospital  care  of  any  child  or  children  which  may  be 
born  in  the  hospital  of  any  woman  sent  to  the  hospital  as  hereinbefore 


80  MICHIGAN    STATE    LIBRARY. 

provided,  as  long  as  it  shall  seem  necessary  and  proper  in  the  judg- 
ment of  the  hospital  physicians  to  keep  such  child  or  children  in  the 
hospital,  shall  be  included  in  the  expense  as  hereinafter  provided :  Pro- 
vided, That  no  person  or  pregnant  woman  shall  be  received  into  said 
University  Hospital  for  care  and  treatment  unless  in  the  judgment  of 
the  admitting  physician  there  shall  be  a  reasonable  probability  of 
such  person  being  benefitted  by  such  hospital  care  and  medical  or  surgi- 
cal treatment.    (Sec.  2,  P.  A.  267,  1915.) 

same;     admission     of    such     person     to     university     HOSPITAI/ — CARE    AND 
TREATMENT SALARIES    AND    EXPENSES,    BY    WHOM    PAID. 

234.  It  shall  be  the  duty  of  the  admitting  officer  to  assign  or  designate 
the  clinic  of  the  University  Hospital  to  which  such  person  shall  be 
assigned  for  treatment,  and  the  physician  or  surgeon  in  charge  of  said 
person  or  pregnant  woman  shall  proceed  with  proper  care  to  perform 
such  operation  and  bestow  such  treatment  upon  such  person  or  pregnant 
woman  as  in  his  judgment  shall  be  proper  and  necessary.  A  proper  and 
competent  nurse  shall  also  be  assigned  to  look  after  and  care  for  said 
jsersons.  No  compensation  shall  be  charged  or  received  by  the  admitting' 
officer,  or  by  the  physician,  surgeons  or  nurses,  other  than  the  salaries 
received  by  them  as  provided  by  the  Board  of  Regents  of  the  University 
of  ^Michigan.  The  county  from  which  any  such  patient  is  sent  under  any 
such  order  and  decree  of  the  probate  court  shall  be  liable  for  all  ex- 
]ienses  incurred  under  the  provisions  of  this  act.  (Sec.  3,  4,  8,  P.  A.  267^ 
1915.) 

PROPHYLAXIS  FOR  TREATING  EYES  OF   NEWLY   BORN   INFANTS DUTY   OF 

PHYSICIANS,    NURSES^    ETC. 

235.  It  shall  be  the  duty  of  the  State  Board  of  Health  to  officially 
name  and  approve  a  ]  trophy] axis  to  be  used  in  treating  the  eyes  of  newly 
born  infants,  and  it  shall  be  the  duty  of  the  board  to  publish  instruc- 
tions for  using  tlie  same.  It  shall  be  the  duty  of  any  physician,  nurse,, 
or  midwife  who  shall  assist  and  be  in  charge  at  the  birth  of  any  infant, 
or  have  care  of  the  same  after  birth,  to  treat  the  eyes  of  the  infant  with  a 
prophylaxis  approved  by  the  State  Board  of  Health;  and  such  treat- 
ment shall  be  given  as  soon  as  practicable  after  the  birth  of  the  infant 
and  always  within  one  hour;  and  if  any  redness,  swelling,  inflammation 
or  gathering  of  pus  shall  appear  in  the  eyes  of  such  infant,  or  upon  the 
lids  or  about  the  eyes,  within  tAvo  weeks  after  birth,  then  any  nurse, 
midwife  or  other  ])erson  having  care  of  the  infant  shall  report  the  same 
to  some  competent  jtracticing  physician  within  six  hours  of  its  discovery. 
Any  failure  to  com]>iy  with  the  provisions  of  this  act,  upon  the  part  of 
such  physician,  nurse,  midwife  or  other  person  hereinbefore  mentioned, 
shall  be  punishable  by  a  fine  not  to  exceed  one  hundred  dollars  or  im- 
prisonment in  the  county  jail  not  to  exceed  six  months,  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court.    (P.  A.  123,  1913.) 

DEPENDENT    OF    NEGLECTED    CHILDREN MOTHERS^    PENSIONS. 

236.  When  any  child  under  the  age  of  seventeen  years  shall  be  found 
to  be  a  dependent  or  neglected  child  within  the  meaning  of  the  act 
governing  such  cases,  the  court  may  make  an  order  committing  the  child 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  81 

to  the  care  of  some  suitable  state  institution  or  to  the  care  of  some 
reputable  citizen,  or  to  the  care  of  some  training;  school  or  industrial 
school,  or  to  the  care  of  some  duly  incorporated  and  licensed  associalion 
Avilling  to  receive  it,  embraciu"-  in  its  objects  the  ])urpose  of  caring  for 
or  obtaining  homes  for  dependent  or  neglected  children,  which  associa- 
tion shall  have  been  approved  by  the  State  Board  of  Corrections  and 
Charities:  Provided,  That  if  the  mother  of  such  dependent  or  neglected 
child  is  unmarried  or  divorced;  or  is  a  widow,  or  has  been  deserted  by 
her  husband;  or  if  her  husband  has  been  declared  insane,  or  is  feeble- 
minded, epileptic  or  blind  and  is  confined  in  a  state  hospital  or  other 
state  institution;  or  is  the  wife  of  an  inmate  of  some  state  penal  insti- 
tution serving  sentence  therein  for  crime;  or  is  the  wife  of  an  inmate 
of  a  hospital  for  the  treatment  of  insane  persons  who  is  confined  therein 
for  the  purpose  of  being  treated  for  insanity  or  other  diseased  mental 
condition ;  and  such  mother  is  poor  and  unable  to  properly  care  and  pro- 
vide for  said  child,  but  is  otherwise  a  proper  guardian,  and  it  is  for 
the  welfare  of  such  child  to  remain  in  the  custody  of  its  mother,  the 
court,  after  investigation  and  report  by  the  probation  officer  of  the 
county,  may  enter  an  order  finding  such  facts  and  fixing  the  amount  of 
money  necessary  to  enable  the  mother  to  properly  care  for  such  child, 
such  amount  not  to  exceed  three  dollars  a  week  for  each  child.  There- 
upon it  shall  be  the  duty  of  the  county  treasurer  of  the  county  of  which 
such  child  is  a  resident  to  pay  from  the  general  fund  of  such  county,  to 
such  mother  at  such  times  as  such  order  may  designate,  the  amount  so 
specified  for  the  care  of  such  dependent  or  neglected  child  until  the 
further  order  of  the  court.  Such  order  shall  not  require  the  approval 
of  the  board  of  supervisors  or  county  auditor  or  auditors.  The  court 
shall,  when  the  health  or  condition  of  the  child  shall  require,  cause  the 
child  to  be  placed  in  a  public  hospital  or  institution  for  special  care  or 
treatment,  the  expanse  to  be  paid  from  the  general  fund  of  the  county  of 
Avhich  the  child  is  a  resident,    (r.  A.  308,  1915.) 

AID  TO  POOR  FAMILIES  TO  ENABLE  CHILDREN  TO  ATTEND  SCHOOL. 

237.  Any  truant  officer  of  this  state,  when  authorized  by  the  board  of 
education  to  investigate,  and  when  satisfied  that  any  child  within  his 
jurisdiction,  required  by  law  to  attend  school,  is  unable  so  to  do  by 
reason  of  the  fact  that  the  services  of  such  child  are  absolutely  required 
for  the  support  of  himself  or  hei-self,  or  to  assist  in  the  support  and  care 
of  others  legally  entitled  to  his  or  her  services,  such  person  or  persons 
being  unable  to'  support  or  care  for  themselves,  such  truant  officer  shall 
report  the  case  to  the  board  of  education  of  the  school  district  in  which 
such  child  may  reside,  and  such  board  of  education  may  grant  such  relief 
as  will  enable  the  child  to  attend  school  during  the  entire  school  year. 
In  all  cases  where  such  relief  is  necessary,  the  said  board  of  education 
mav  furnish  to  such  child  the  necessary  text  books  free  of  charge,  in 
addition  to  such  other  necessary  assistance  or  support.  For  the  purposes 
of  this  section,  such  board  of  education  shall  pay,  during  the  school  year, 
to  the  family  of  such  child  a  sum  not  to  exceed  three  dollars  a  week,  nor 
more  than  six  dollars  a  week  for  the  children  of  any  one  family.  (How. 
3578-9;  P.  A.  198.  1911.) 


82  MICHIGAN    STATE    LIBRARY. 


CHAPTER  XIX. 

WOMEN'S  CLUBS  AND  SOCIETIES. 

WOMEN'S  CLUBS. 
HOW   ORGANIZED FOR  WHAT   PURPOSES NAME. 

238.  Any  number  of  women,  not  less  than  five,  of  full  age,  who  may  by 
articles  of  association  executed  under  the  provisions  of  this  act,  associate 
themselves  for  educational,  literary,  aesthetic,  social,  scientific,  philan- 
thropic, and  sociological  culture  and  inquiry,  or  any  or  all  such  purposes, 
shall  constitute  a  body  corporate  under  the  name  assumed  bv  them  in 
such  articles  (How.  8548;  Sec.  1,  P.  A.  64,  1905.) 

ARTICLES    OF   ASSOCIATION WHAT   TO    CONTAIN. 

239.  The  articles  of  association  of  every  such  corporation  shall  be 
signed  by  the  persons  associating  and  be  acknowledged  before  some 
person  authoried  to  take  the  acknowledgment  of  deeds,  and  shall  state: 

A.  The  name  of  such  corporation,  and  the  township,  village,  city, 
county  or  counties,  or  territory  within  this  State,  where  its  meetings  are 
to  be  held. 

B.  The  period  for  which  it  is  incorporated,  not  exceeding  thirty  years. 

C.  The  names  and  places  of  residence  of  the  persons  associating. 

D.  The  objects  for  which  the  corporation  is  formed,  which  shall  be 
limited  to  the  purposes  hereinbefore  stated.  (How.  8549;  Sec.  2,  P.  A. 
64,  1905.) 

STATE   CORPORATIONS  AND  FEDERATIONS HOW  FORMED. 

240.  state  corporations,  and  federations  composed  of  three  or  more 
associations  of  the  same  county,  or  two  or  more  adjoining  counties,  may 
be  organized  as  representative  associations  under  this  act,  and  may  be 
composed  of  members  of  county,  city,  village  or  other  local  associations, 
under  such  conditions  as  to  representation  of  such  local  associations  as 
may  be  prescribed  bv  the  articles  of  association  of  such  State  or  federated 
association.    (How. '8550;  Sec.  3,  P.  A.  64,  1905.) 

ARTICLES    OF    ASSOCIATION WHERE   FILED. 

241.  Before  any  corporation  formed  under  this  act  shall  be  deemed 
duly  organized,  its  articles  of  association,  or  a  duplicate  thereof,  shall 
be  filed  in  the  ofiice  of  the  Secretary  of  State  of  this  State,  and  a  copy 
of  such  articles,  certified  by  the  Secretary  of  State,  or  his  deputy,  shall 
be  presumptive  evidence  of  the  facts  therein  stated,  and  of  the  incorpo- 
ration of  such  association.    (How.  8551;  Sec.  4,  P.  A.  64,  1905.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  83 

POWERS DUTIES ANNUAL  REPORT. 

242.  All  corporations  organized  under  the  provisions  of  this  act 
shall  have  all  the  powers  necessary  or  incidental  to  the  furtherance 
of  the  purpose  of  their  organization,  and  shall  be  subject  to  all  the  lia- 
bilities imposed  upon  them  by  law.  They  shall  adopt  by-laws  prescrib- 
ing the  qualifications  and  conditions  of  membership,  the  time  and  place 
of  annual  or  general  meetings,  the  mode  of  calling  special  meetings,  the 
mode  in  which  the  governing  body  shall  be  elected  and  constituted,  titles, 
duties  and  terms  of  oflSce  of  all  officers  and  such  other  matters  as  may 
not  be  inconsistent  with  the  constitution  and  laws  of  this  State.  They 
shall  have  power  to  provide  also  by  by-law  what  number  of  members 
less  than  a  majority  shall  constitute  a  quorum  and  be  competent  to 
transact  business  at  any  general  or  special  meeting  of  the  members. 
They  may  take  by  gift,  purchase,  devise  or  otherwise,  and  may  hold 
property,  real  and  personal,  to  an  amount  not  exceeding  one  hundred 
thousand  dollars.  They  shall  file  with  the  Secretary  of  State  in  the 
month  of  January  in  each  year,  a  report  giving  the  names  and  postoffice 
addresses  of  their  executive  officers,  and  shall  report  such  ether  facts 
as  may  be  required  by  law.    (How.  8552;  Sec.  5,  P.  A.  64,  1905.) 

HOW   CLUB    INCORPORATED   UNDER   OTHER    LAWS    MAY    RB-INCORPORATE    UNDER 
SECTIONS   238  TO   242. 

243.  Any  women's  club,  already  incorporated  under  the  laws  of  this 
state  for  any  of  the  purposes  authorized  by  this  act,  may  be  reincorporat- 
ed under  the  provisions  of  this  act  by  a  resolution  to  that  effect,  duly 
adopted  by  a  majority  vote  of  all  the  active  members  at  any  regular 
meeting  of  the  club  or  at  a  special  meeting  called  for  that  purpose.  A 
certificate  of  such  action,  duly  verified  under  oath  by  the  president  and 
secretary  of  such  club,  shall  be  filed  in  the  office  of  the  Secretary  of  State, 
and  thereupon  such  club  shall  be  deemed  to  be  reincorporated  under  this 
act  and  shall  be  subject  to  all  its  provisions.  (How.  8553;  P.  A.  290, 
1905.)  As  to  registration  in,  and  receipt  of  books  from,  Michigan  State 
Library,  see  section  277,  infra. 

WOMAN'S  RELIEF  CORPS. 
HOW    CORPS    MAY    BE    INCORPORATED ARTICLES    OF    ASSOCIATION. 

244.  The  woman's  relief  corps  auxiliary  to  the  grand  army  of  the 
republic,  department  of  Michigan,  and  subordinate  corps  of  the  woman's 
relief  corps  auxiliary  to  posts  of  the  grand  army  of  the  republic  of  the 
department  of  Michigan,  may  be  incorporated  in  the  manner  herein 
described. 

The  president,  senior  vice-president,  junior  vice-president,  secretary 
and  treasurer  of  the  department  of  Michigan  woman's  relief  corps 
auxiliary  to  the  grand  army  of  the  republic  may  make  and  execute 
articles  of  association  under  their  hands  and  seals,  which  articles  of 
association  shall  be  acknowledged  before  some  officer  authorized  by  law 
to  take  acknowledgment  of  deeds  and  shall  set  forth: 

A.  The  names  of  the  officers  above  mentioned  and  their  places  of 
residence; 

B.  The  corporate  name  by  which  the  association  shall  be  known. 


84  MICHIGAN    STATE    LIBRARY. 

C.  The  object  Jiiid  pui-jjoses  of  .such  as.sotiatiou,  which  shall  be  to 
promote  the  general  welfare  of  the  order  known  as  the  woman's  relief 
corps,  and  the  period  for  which  it  is  incorporated,  which  shall  not  ex- 
ceed thirty  years.    (How.  8855-6;  C.  L.  77G8-9.) 

ARTICLES    OF    ASSOCIATION,    WHERE    FILED POWER    TO    MAKE    BY-LAWS    AND 

RULES  AND  REGULATIONS,  TO  ACQUIRE,  HOLD  AND  DISPOSE  OF  PROPERTY. 

245.  A  copy  of  said  articles  of  association,  together  with  a  copy  of 
the  rules  and  regulations  of  tlie  woman's  relief  corps  auxiliary  to 
the  grand  army  of  the  republic,  shall  be  filed  with  and  recorded  in  the 
office  of  the  Secretary  of  State,  and  thereupon  the  persons  who  shall  have 
signed  such  articles  of  association,  their  associates  and  successors  shall 

be  a  body  politic  and  corporate,  and shall  be  persons  in  law  capable 

to  purchase,  take,  receive  and  hold  and  enjoy  to  them  and  their  suc- 
cessors, estates,  real  and  personal ;  of  suing  and  being  sued ;  and  to  have 
a  common  seal  which  may  be  altered  or  changed  at  pleasure:  Provided, 
That  the  value  of  such  real  and  personal  estate  shall  not  exceed  the 
value  of  ten  thousand  dollars,  and  that  they  and  their  successors  shall 
have  power  to  give,  grant,  sell,  lease,  demise  or  dispose  of  real  and  per- 
sonal estate  or  i)art  thereof  at  their  will  and  pleasure,  the  proceeds,  rents 
and  incomes  to  be  disposed  of  as  directed  by  the  department  at  its  an- 
nual meeting.  Said  corporation  shall  have  full  power  to  make  and  estab- 
lish rules  and  by-laws  for  regulating  and  governing  all  the  affairs  and 
business  of  said  corporation  not  repugnant  to  the  constitution  and  laws 
of  this  state,  or  the  United  States,  and  to  designate,  elect  or  appoint 
from  its  members  such  officers  under  such  name  and  style  as  shall  be  in 
accordance  with  the  rules  and  regulations  of  the  woman's  relief  corps 
auxiliary  to  the  grand  army  of  the  republic.    (How.  8857;  C.  L.  7770.) 

POAVER  TO  INSTITUTE  AND  CHARTER  SUBORDINATE  CORPS. 

246.  Such  corporation  shall  have  power  to  institute  and  charter  corps 
auxiliary  to  the  grand  army  of  the  republic  within  this  state  and  from 
time  to  time  to  issue  such  orders  for  the  government  of  corps  as  are  not 
repugnant  to  the  rules  and  regulations  of  the  national  convention  of  the 
woman's  relief  corps  of  the  United  States.     (How.  8859;  C.  L.  7772.) 

TNCORPOILVTION    OF    SUBORDINATE    CORPS PROCEDURE POWERS.     DUTIES,    ETC. 

247.  At  any  time  when  a  subordinate  corps,  auxiliary  to  a  post  of 
the  grand  arniy  of  the  republic,  shall  by  a  two-thirds  vote  of  the  mem- 
bers present  at  any  regular  meeting  of  said  corps,  resolve  to  become 
incorporated,  the  president,  senior  vice-president,  junior  vice  president 
and  secretary  of  such  corps  may  make  and  execute  articles  of  association 
under  their  hands  and  seals,  specifying  as  provided  in  section  244,  supra, 
and  file  a  copy  of  the  resolutions  passed  at  a  regular  meeting  of  the  corps, 
with  the  clerk  of  the  county  in  which  such  corporation  shall  be  formed, 
which  shall  be  recorded  by  such  clerk  in  a  book  to  be  kept  in  his  office  for 
that  purpose,  and  thereupon  such  corps  auxiliary  to  a  post  of  the  grand 
army  of  the  republic,  the  officers  thereof,  their  associates  and  successors, 
shall  be  a  body  politic  and  corporate  by  the  name  expressed  in  such  arti- 
cles of  association,  and  by  that  name  they  and  their  successors  shall  have 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  85 

successions  and  shall  be  persons  in  law  with  the  same  powers,  thities  and 
liabilities  as  the  woman's  relief  cori)s  <lei»artment  of  Michigan  liave  under 
section  245,  supra,  to  which  they  are  subordinate:  Prorided.  That  a  certi- 
fied copy  of  the  record  of  such  articles  of  association,  under  the  seal  of 
the  circuit  court  of  the  county  wheie  such  record  is  recordel,  shall  be 
received  in  all  the  courts  of  this  state  as  prima  facie  evidence  of  the 
existence  and  due  organization  of  such  corporation.  (How.  8800;  C.  L. 
7773.) 


SUFFRAGE   ASSOCIATIONS. 

TEX    OR    MORE    PERSONS    IMAY    INCORPORATE    ARTICLES    OF    ASSOCIATION WHAT 

TO  CONTAIN. 

248.  Any  ten  or  more  ])€rsons,  residents  of  this  8tate,  and  being  mem- 
bers of  the  Michigan  Equal  Suffrage  Association,  or  of  any  auxiliary 
or  subordinate  equal  suffrage  association,  desiring  to  form  themselves 
into  a  corporation  may  become  incorporated  by  making  and  executing 
articles  of  association  under  their  hands,  and  acknowledging  the  same 
before  some  officer  authorized  by  law  to  take  the  acknowledgment  of 
deeds,  and  setting  forth  therein : 

A.  The  names  of  persons  associating  in  the  first  instance  and  their 
respective  places  of  residence; 

B.  The  corporate  name  by  which  said  association  shall  be  known  in 
the  law,  and  the  place,  if  any,  where  its  principal  business  office  is  to 
be  kept ;  and 

C.  The  object  and  purpose  of  such  association,  which  shall  be  to 
secure  the  political  enfranchisement  of  women,  and  their  equality  with 
men  in  all  respects  before  the  law,  and  the  period  for  which  it  is  in- 
corporated, not  exceeding  30  years.   (How.  8S04-5;  C.  L.  8405-(J.) 

ARTICLES    OF    ASSOCIATION WHERE    FILED — P0V>'ERS    AND    DUTIES OFFICERS. 

249.  A  copy  of  such  articles  of  association  must  be  filed  and  recorded 
in  the  office  of  the  Secretary  of  State,  and  thereupon  the  persons  w^ho 
shall  have  signed  and  acknowledged  the  said  articles  of  association, 
their  associates  and  successors  shall  be  a  body  politic  and  corporate  by 
the  name  expressed;  and  may  purchase,  take,  receive,  hold  and  enjoy 
real  and  personal  property  and  estate;  sue  and  be  sued;  and  have  a  com- 
mon seal,  which  they  may  change  and  alter  at  their  pleasure:  Provided, 
That  the  value  of  such  real  and  personal  estate  shall  not  exceed  the 
value  of  fifty  thousand  dollars;  and  they  and  their  successors  shall  have 
authority  and  power  to  give,  grant,  sell,  demise  or  lease  and  dispose  of 
said  real  estate,  or  any  part  thereof,  at  their  will  and  pleasure,  and  the 
proceeds,  rents  and  profits  derived  therefrom  shall  be  devoted  exclusively 
to  the  objects  and  purposes  for  which  said  association  was  formed,  as 
expressed  in  its  articles  of  association.  Every  such  corporation  shall 
have  full  i)ower  and  authority  to  make  and  establish  rules,  regulations 
and  bv-laws  for  regulating  and  governing  all  the  affairs  and  business  of 
said  corporation,  according  to  the  laws  of  this  State,  and  to  designate, 
elect  or  appoint  from  its  mend^ers.  such  officers  and  agents  as  it  shall 
deem  necessnrv.  and  nnder  such  name  and  style  as  it  may  deem  piojicr. 
(How.  880G;C.  L.  8407.) 


MICHIGAN    STATE    LIBRARY. 


COLONIAL  DAMES. 


WHO  AlAY  INCORPORATE! ^ARTICLES  OF  ASSOCIATION,  WHAT  TO  CONTAIN. 

250.  Any  twenty-five  or  more  persons,  residents  of  Michigan,  being 
members  of  a  National  Society  of  Colonial  Dames  of  America  in  Michigan, 
desiring  to  be  incorporated,  may  make  and  execute  articles  of  association 
under  their  hands  and  seals,  which  shall  be  acknowledged  before  some 
officer  authorized  by  law  to  take  acknowledgments  of  deeds  and  shall  set 
forth : 

A.  The  names  and  places  of  residence  of  the  persons  associating  in 
the  first  instance. 

B.  The  corporate  name  by  which  the  association  shall  be  known,  pro- 
vided that  no  persons  associating  under  this  act  shall  be  allowed  to 
take  the  same  name  as  any  association  heretofore  incorporated ;  the 
place  of  its  principal  business  office,  and  the  period  for  which  it  is  in- 
corporated, which  shall  not  exceed  thirty  years. 

C.  The  object  and  purpose  of  the  association  which  shall  be  to  collect 
manuscripts,  traditions,  relics  and  mementos  of  by-gone  days  for  preser- 
vation, and  to  hold  from  time  to  time,  as  the  society  may  direct,  a  loan 
exhibition  to  commemorate  the  success  of  the  American  revolution  and 
consequent  birth  of  our  glorious  republic;  to  diffuse  healthful  and  in- 
telligent information  in  whatever  concerns  the  past  and  tends  to  create 
popular  interest  in  American  history ;  and.  with  a  true  spirit  of  patriot- 
ism, seek  to  inspire  genuine  love  of  country  in  every  heart  within  its 
range  of  influence;  and  to  teach  the  young  that  it  is  a  sacred  obliga- 
tion to  do  justice  and  honor  to  heroic  ancestors  whose  ability,  valor, 
sufferings  and  achievements  are  worthy  of  praise.  (How.  8888;  C.  L. 
7864.) 

ARTICLES  OF  ASSOCIATION,  WHERE  FILED POWERS  AND  DUTIES CONSTITUTION 

AND  BY-LAWS.       ' 

251.  A  copy  of  said  articles  of  association  shall  be  filed  with  the 
Secretary  of  State,  and  thereupon  the  persons  who  have  signed  such 
articles  of  association,  their  associates  and  successors,  shall  be  a  body 
corporate  and  known  in  the  law  and  in  fact  by  the  name  assumed  by 
them  in  said  articles  of  association,  and  by  that  name  they  and  their 
associates  and  successors  shall  have  succession  and  be  capable  to  pur- 
chase, take,  hold,  receive  and  enjoy  real,  personal  and  mixed  property; 
to  sue  and  be  sued;  to  have  a  common  seal ;  and  shall  have  authority  and 
power  to  give,  gTant,  demise,  sell,  lease  and  dispose  of  such  real  and 
personal  and  mixed  estate  belonging  to  them,  or  any  part  thereof,  as 
they  may  see  fit.  Said  corporation  shall  have  power  to  make  and  adopt 
a  proper  constitution  and  by-laws,  prescribing  the  names  and  duties  of 
its  officers  and  all  necessary  and  lawful  rules  and  regulations  for  the 
government  of  its  business. '  (How.  8889-90;  C.  L.  7865-6.) 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  87 


CHAPTER  XX. 
MISCELLANEOUS  PROVISIONS. 

apprentices;    who    may    be    bound — how    bound — WITH    WHOSE    CONSENT. 

252.  Every  male  infant  and  every  unmarried  female  under  tbe  age 
of  eighteen  years  (with  the  consent  of  the  father;  or  the  mother,  if  the 
father  be  dead,  lacks  legal  capacity  or  has  abandoned  his  family;  or  if 
the  mother  also  be  dead  or  lacks  legal  capacity,  then  with  the  consent  of 
the  guardian ;  or,  if  there  be  no  parent  living  who  possesses  legal  ca- 
pacity and  no  guardian,  then  with  the  consent  of  two  justices  of  the 
peace  of  the  township  where  said  infant  resides  or  with  the  consent  of 
the  recorder  of  any  city  in  the  county  or  with  the  consent  of  the  circuit 
or  probate  judge  of  such  county),  may  of  his  or  her  own  free  will  bind 
himself  or  herself  in  writing  to  serve  as  a  clerk,  apprentice  or  servant 
in  any  profession,  trade,  or  employment;  if  a  male,  until  the  age  of 
twenty-one  years,  and  if  a  female,  until  the  age  of  eighteen  years  or  until 
her  marriage  within  that  age,  or  for  any  shorter  time ;  and  such  binding 
shall  be  as  valid  and  effectual  as  if  such  infant  was  of  full  age  at  the 
time  of  making  such  agreement.     (How.  11609-10;  C.  L.  8749-50.) 

same;    right    of    father    to    assign    contract    for    SERVICES    OF    CHILD 

MOTHER   OF   ILLEGITIMATE   CHILD    PROPER   PERSON    TO    GIVE   CONSENT 

PROVISIONS  NOT  TO  INTERFERE  WITH  DUTIES  OF  CERTAIN  BENEVO- 
LENT    OR     REFORMATIVE     INSTITUTIONS     FOR     CHILDREN. 

253.  Nothing  contained  in  the  foregoing  section  shall  prevent  or  affect 
the  right  of  a  father,  by  the  common  law,  to  assign  a  contract  for  the 
services  of  his  children,  for  the  term  of  their  minority,  or  of  any  part 
thereof.  The  mother  of  an  illegitimate  minor  child  shall  have  the  power 
to  give  the  consent  authorized  to  the  binding  of  such  child,  during  the 
lifetime  of  the  putative  father  as  well  as  after  his  death.  The  provisions 
of  this  act  shall  not  in  any  manner  interfere  with  the  duties  of  the  super- 
intendents of  the  poor,  or  other  officers,  in  regard  to  the  State  Public 
School  for  neglected  and  dependent  children,  or  the  reform  school,  or 
other  benevolent  or  reformative  institutions  for  children.  (How.  11633- 
4-5;  C.  L.  8773-4-5.) 

CUSTODY    OF    MINOR    CHILD CARE    OF    HIS    EDUCATION,    IN    CASE    OF    APPOINT- 
MENT OF  GUARDIAN   OF  ESTATE. 

254.  In  case  of  appointment  of  a  guardian  of  the  estate  of  a  minor 
child,  the  father  of  such  minor,  and  in  case  of  his  decease,  the  mother, 
being  respectivelv  competent  to  transact  their  own  business,  and  other- 
wise suitable,  shall  be  entitled  to  the  custody  of  the  person  of  the  minor 
and  to  the  care  of  his  education :  Provided.  That  if  the  judge  of  probate 
of  the  proper  county  shall  in  any  case,  after  an  examination  into  the 
facts,  make  an  order  declaring  either  or  both  of  the  parents  incompe- 
tent or  unsuitable  to  have  the  custody  of  the  person  or  the  care  of  the 


88  MICHIGAN    STATE    LIBRARY. 

education  of  the  minor,  in  such  cases  the  guardian  appointed  by  the  pro- 
bate judge  shall  have  the  custody  of  the  person  of  the  minor  and  the 
care  of  his  or  her  eduration.  If  the  minor  has  no  father  or  mother  living, 
the  guardian  so  appointed  shall  have  the  custody  of  the  person  and  the 
care  of  the  education  of  such  minor,  (How.  11557-8;  Sec,  6-7,  Chap.  58, 
P.  A.  314,  1915,) 

ADOPTION  AND  CHANGE  OF  NAME  OP  MINOR  CHILD;  WHO  MAY  GIVE  NECESSARY 

CONSENT, 

255,  Whenever  any  person  or  persons  shall  desire  to  adopt  any  minor 
child,  and  to  change  the  name  of  such  child,  and  to  bestow  upon  him  or 
her  the  family  name  of  the  person  or  persons  adopting  such  child,  or 
to  adopt  any  minor  child  without  a  change  of  name,  with  intent  to 
make  such  child  his,  her  or  their  heir,  such  adoption,  and  in  case  a 
change  of  name  is  desired,  such  change  of  name,  shall  be  with  the  con- 
sent of  the  persons  hereinafter  described,  viz : 

A.  In  case  the  parents  of  such  child,  or  either  of  them  are  living,  then 
with  the  consent  of  such  parents  or  the  survivor  of  them ; 

B.  In  case  such  child  is  abandoned  by  one  of  its  parents,  then  with 
the  consent  of  the  other  parent ; 

C.  In  case  such  child  be  illegitimate,  then  with  the  consent  of  its 
mother ; 

D.  In  case  such  child  is  an  orphan  or  is  abandoned  by  its  parents  or 
surviving  parent,  or  by  its  mother  if  it  be  illegitimate,  then  with  the 
consent  of  the  nearest  of  -kin  or  guardian  of  such  child,  or  of  the  princi- 
pal officer  of  any  incorjwrated  asylum,  hospital  or  home  of  which  such 
child  may  be  aii  inmate,  or  of  two  superintendents  of  the  poor  of  the 
county,  or  the  director  of  the  poor  of  any  city  or  township  of  which  such 
child  is  a  resident,  or  of  the  principal  officer  of  any  institution,  public 
or  private,  in  this  state  or  elsewhere,  in  whose  care  such  ori)han  or 
abandoned  child  may  be; 

E.  In  case  the  parents,  or  surviving  parent  of  such  child,  or  the 
mother  if  said  child  be  illegitimate,  or  the  parent  who  has  not  abandoned 
it  if  such  child  has  been  abandoned  by  one  of  its  parents,  has  or  have 
surrendered  and  released,  in  a  writing  duly  executed  and  acknowledged 
before  an  officer  authorized  by  law  to  take  acknowledgments,  all  his, 
her  or  their  parental  rights  in  and  to  such  child  and  the  custody  and 
control  thereof  to  an  incorporated  asylum,  hospital  or  home  of  which 
such  child  may  be  an  inmate,  for  the  purpose  of  enabling  such  incorpo- 
rated asylum,  hospital  or  home  to  have  said  child  adopted  by  some 
suitable  person,  its  name  changed  when  a  change  is  desired,  and  the 
child  made  an  heir  at  law  under  these  ])rovisions,  then  with  the  con- 
sent of  the  principal  officer  of  any  such  incorporated  asylum,  hospital 
or  home;  and  the  aforementioned  release  executed  by  parent  or  parents 
as  aforesaid  to  said  asylum,  hospital  or  home  shall  be  filed  with  the 
instrument  of  adoption  in  the  probate  court; 

F.  In  case  said  child  is  legally  an  inmate  of  the  State  Public  School, 
then  with  the  consent  of  the  superintendent  of  such  school,  and  the 
county  agent  of  the  State  Board  of  Corrections  and  Charities  for  the 
county  wherein  the  oerson  at^opting  such  child  resides; 

G.  In  case  said  child  shall  have  been  committed  by  an  order  of  a  court 
of:  competent  jurisdiction   to  the  care  of  any  incorporated  association. 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  89 

embracing  in  its  objects  the  purpose  of  caring  for,  and  obtaining  homes 
for,  dependent  or  neglected  children,  approved  by  the  State  Board  of 
Corrections  and  Charities,  then  with  the  consent  of  the  principal  officer 
of  such  association ; 

H.  In  any  case  heretofore  described,  if  such  child  lie  above  the  age 
of  ten  years,  then  with  the  additional  consent  of  such  child ; 

I.  In  case  any  person  herein  designated  as  a  parent,  with  whose 
consent  such  adoption  and  change  of  name  is  desired,  sliall  be  insane 
or  mentally  incompetent,  then  such  adoption,  and  change  of  name  where 
change  of  name  is  desired,  shall  be  with  the  consent  of  the  general  guar- 
dian of  such  insane  or  mentally  incompetent  parent,  and  such  consent 
of  the  general  guardian  shall  have  the  same  force  and  effect  as  if  made 
bv  the  insane  or  mentally  incompetent  person  while  in  sound  mind. 
(How.  11686-7;  Sec.  1-2,  Chap.  64,  P.  A.  314,  1915.) 

same;    articles    of    adoption,     how    executed WHERE    FILED. 

256.  Said  person  or  persons  desiring  to  adopt  such  child,  together 
with  his  or  her  wife  or  husband,  if  any  there  be,  and  the  person  or  per- 
sons, officer  or  agent  required  to  consent  thereto,  shall  make  under 
their  hands  and  seals  an  instrument  in  writing  whereby  they  shall  de- 
clare that  such  child,  naming  him  or  her  by  the  name  he  or  she  has 
usually  borne,  is  adopted  as  the  child  of  the  person  or  persons  first 
above  referred  to,  and  that  he,  she  or  they  intend  to  make  such  child 
his,  her  or  their  heir,  and  shall  state  the  full  name  they  desire  such  child 
shall  bear.  The  execution  of  such  instrument  shall  be  acknowledged  by 
the  person  so  signing  the  same,  before  an  officer  authorized  by  law  to 
take  acknowledgments  of  deeds,  and  thereupon  the  same  shall  be  pre- 
sented to,  and  filed  with,  the  judge  of  probate  of  the  county  where  such 
person  or  persons  adopting  such  child  reside.  (How.  11638-9;  Sec.  3-4, 
Chap.  64,  P.  A.  314,  1915.) 

same;     INVESTIGATION    AND    ORDER    BY    PROBATE    JUDGE: — ADOPTED    CHILD    IN- 
HERITS FROM  ADOPTING  PARENTS. 

257.  Such  judge  of  probate  with  whom  such  instrument  is  filed  shall 
thereupon  make  an  investigation,  and  if  he  shall  be  satisfied  as  to  the 
good  moral  character,  and  the  ability  to  support  and  educate  such  child, 
and  of  the  suitableness  of  the  home  of  the  person  or  pei-sons  adopting 
said  child,  he  shall  make  an  order  to  be  entered  on  the  journal  of  the  pro- 
bate court  that  such  person  or  persons  do  stand  in  the  place  of  a  parent 
or  parents  to  such  child,  and  in  case  a  change  of  name  is  desired,  that 
the  name  of  such  child  be  changed  to  such  name  as  shall  be  designated  in 
said  instrument  for  that  purpose.  Whereupon  such  child  shall,  in  case 
of  a  change  of  name,  thereafter  be  known  and  called  by  said  new  name, 
and  the  person  or  persons  so  adopting  such  child  shall  thereupon  stand 
in  the  place  of  a  parent  or  ])arents  to  such  child  in  law,  and  be  liable  to 
all  the  duties  and  entitled  to  all  the  rights  of  parents  thereto,  and  such 
child  shall  thereupon  become  and  be  an  heir  at  law  of  such  person  or 
persons,  the  same  as  if  he  or  she  were  in  fact  the  child  of  such  person 
or  persons.  But  an  adopted  child  does  not  inherit  from  the  kindred  of 
the  adopted  parents.  (How.  11640;  Sec.  5.  Chap.  04.  P.  A.  314,  1915; 
Tan  Derlvn  v.  Mack,  137  Mich.  146.) 


90  MICHIGAN    STATE    LIBRARY. 


CHANGE   OF    NAME   OF   ADULT. 


258.  The  probate  court  of  any  county,  by  order  entered  on  its  journal, 
may  change  the  name  of  any  adult  person  who  has  been  one  year  a  resi- 
dent of  such  county  who  may  petition  in  writing  showing  sufficient  rea- 
son for  the  proposed  change  and  absence  of  any  fraudulent  or  evil  in- 
tent; notice  of  intention  to  make  such  application  must  have  been  pub- 
lished six  weeks  prior  to  the  making  of  such  application  and  for  three 
successive  weeks  in  a  newspaper  printed  and  published  in  said  county 
where  the  application  is  to  be  made,  if  there  be  one,  or  in  a  newspaper 
printed  and  published  in  an  adjoining  county,  or  in  the  nearest  county 
in  which  a  newspaper  is  or  may  be  printed  and  published.  Such  judge  of 
probate  shall  require  of  the  person  making  such  application  payment  to 
the  county  treasurer  for  the  use  of  the  county  a  fee  of  three  dollars, 
and  shall  furnish  to  said  applicant,  if  desired,  a  certified  copy  of  the 
order  made  in  such  matter.  (How.  11642-3;  Sec.  6-T,  Chap.  61,  P.  A.  314. 
1915.) 

For  change  of  name  in  decree  for  divorce,  see  section  46,  supra. 

DORMITORY  AT  MICHIGAN   SOLDIERS^   HOME  FOR  WIVES.   WIDOWS  AND  MOTHERS 
OF   CERTAIN    SOLDIERS.  SAILORS  AND    MARINES. 

259.  There  shall  be  erected  upon  the  grounds  of  the  Michigan  Sol- 
diers' Home  a  dormitory  building,  cottage  or  cottages,  not  to  cost  when 
completed  a  sum  to  exceed  twenty-five  thousand  dollars,  for  the  care  of 
widows,  wives  and  mothers  of  honorably  discharged  soldiers,  sailors  or 
marines  who  served  in  the  Mexican  war  or  the  late  civil  war.  or  the 
Spanish-American  war  or  the  war  in  the  Philippines :  Provided,  That  the 
wife  or  widow  of  a  soldier,  sailor  or  marine  must  have  lived  in  the  state 
at  least  five  years  next  preceding  her  application  for  admission  and  have 
been  married  to  the  soldier,  sailor  or  marine  previous  to  the  year  1890, 
and  must  have  arrived  at  the  age  of  sixty  years:  Provided  further.  That 
any  wife  or  widow  of  an  honorably  discharged  soldier,  sailor  or  marine 
having  lived  in  the  state  at  least  five  years  next  preceding  her  application 
for  admission,  who  is  totallv  disabled,  shall  be  eligible  to  admission  to 
said  institution.    (P.  A.  217,'  1913.) 

BURIAL  OF    BODIES   OF   ARMY   NURSES  OR   WIVES   OR   WIDOWS    OF   CERTAIN   HON- 
ORABLY DISCHARGED   SOLDIERS,  SAILORS  OR  MARINES;   PROVI- 
SION   IN    CERTAIN    CASES AMOUNT    PAID. 

260.  Whenever  any  army  nurse  who  was  employed  as  a  nurse  by  au- 
thority which  is  recognized  by  the  war  department,  and  who  rendered 
actual  service  as  a  nurse  in  attendance  upon  the  sick  and  wounded  in 
any  regimental  post,  camp  or  general  hospital  of  the  armies  of  the  United 
States  for  a  period  of  six  months  or  more,  and  who  was  honorably  re- 
lieved from  such  service,  or  the  wife  or  widow  of  any  honorably  dis- 
charged Union  soldier,  sailor  or  marine  who  served  in  the  army  or  navy 
of  the  United  States  during  the  civil  war  or  the  late  war  with  Spain, 
shall  die,  not  possessed  of  an  estate,  both  real  and  j^ersonal.  exceeding  the 
sum  of  one  thousand  five  hundred  dollars,  and  is  a  resident  of  this 
State,  it  shall  be  the  duty  of  the  board  of  supervisors  in  the  respective 
counties,  or  the  board  of  county  auditors  in  counties  having  a  board  of 
<'ounty  auditors,  upon  application  therefor  by  the  executor  or  administra- 


LAWS  OP  MICHIGAN  RELATING  TO  WOMEN.  91 

tor  of  the  estate  of  such  deceased  person,  or  by  the  person  or  persons 
who  may  have  incurred  or  advanced  the  expenses  in  connection  with  the 
burial  of  said  army  nurse,  or  the  wife  or  widow  of  such  soklier,  sailor 
or  marine,  to  pay  to  the  estate  of  such  deceased  person,  or  to  the  person 
or  persons  who  incurred  or  advanced  such  expense,  a  sum  not  to  ex- 
ceed fifty-five  dollars  for  the  purpose  of  reimbursing  such  person  or  per- 
sons for  the  expenses  thus  incurred.    (How.  1734;  Sec.  1,  P.  A.  235,  1911.) 

same;    appointment    of    person    to    investigate^ DUTIES COMPENSATION. 

261.  It  is  the  duty  of  the  board  of  supervisors,  or  the  board  of  county 
auditors  in  counties  having-  such  boards,  to  appoint  in  each  township  and 
ward,  in  their  respective  counties,  a  suitable  person  other  than  those 
designated  for  the  care  of  paupers  and  the  care  of  criminals,  whose  duty 
it  shall  be  in  the  township  or  ward,  whenever  application  is  made  for 
reimbursement  by  the  county  for  such  funeral  expenses  paid  or  advanced, 
or  incurred  for  the  burial  of  such  deceased  person,  "to  make  an  investiga- 
tion and  report  thereon  to  the  clerk  of  the  board  appointing  said  person, 
in  all  cases  setting  forth  all  the  facts,  together  with  the  rank  and  com- 
mand to  which  the  husband  or  deceased  husband  of  such  wife  or  widow 
belonged  or  the  name  and  service  rendered  as  such  army  nurse,  the  date 
of  her  death,  place  where  buried,  and  her  residence  and  occupation  while 
living.  The  person  so  appointed  shall  require  such  person  or  |)ersons  who 
paid,  advanced  or  incurred  such  burial  expenses  for  such  deceased  per- 
son to  furnish  the  said  board  with  a  sworn  itemized  statement  of  the 
expense  incurred  in  the  burial  of  the  deceased  person  mentioned  in  the 
application  for  reimbursement.  The  person  so  appointed  as  aforesaid 
shall  receive  from  the  county  the  sum  of  two  dollars  per  day  for  the 
time  actuallv  and  necessarily  emploved  bv  him  in  the  performance  of 
his  duties.    (How.  1735;  Sec.  2,  P.  A." 235,  1911.) 

SAME;    DUTY   OF   CLERK   OF  THE  BOARD   OF   SUPERVISORS   OR  COUNTY   AUDITORS. 

262.  It  shall  be  the  duty  of  the  clerk  of  the  board  so  appointing  him, 
upon  receiving  the  report  and  statement  of  expenses  provided  for  in  the 
preceding  section,  to  transcribe  in  a  book  kept  for  that  purpose  all  the 
facts  contained  in  said  report,  and  to  report  such  application  and  state- 
ment to  said  board  at  the  next  meeting  thereof.  It  shall  be  the  further 
duty  of  said  clerk  to  cause  a  suitable  headstone  to  be  placed  at  the  head 
of  the  grave  of  the  deceased  wife  or  widow  of  such  soldier,  sailor  or 
marine,  or  armv  nurse,  if  the  same  shall  now  or  hereafter  be  provided  bv 
act  of  Congress.    (How.  1736;  Sec.  3,  P.  A.  235,  1911.) 

SAME  :    EXPENSES,    HOW    AUDITED    AND    PAID. 

263.  All  expenses  incurred  in  such  burial  as  provided  in  this  act  shall 
be  audited  and  paid  by  the  said  board  of  supervisors  or  board  of  county 
auditors  in  counties  having  a  board  of  county  auditors,  the  same  as  other 
legal  charges  against  the  county.     (How.  1737;  Sec.  4,  P.  A.  235,  1911.) 


92  MICHIGAN    STATE    LIBRARY. 

women's    auxiliary    association    of    the    university    of     MICHIGAN TAX 

EXEMPTION. 

204,  All  pro])erty  of  the  Women's  Auxiliary  Association  of  the  Uni- 
versity of  Michigan,  or  held  by  any  trustee  for  such  association,  while 
held  and  used  solely  for  the  purposes  of  the  association,  to-wit :  For  main- 
taining at  the  University  of  Michigan  women  as  professors  and  instruc- 
tions in  the  University,  whose  services  shall  be  at  the  disposal  of  the 
faculty  and  regents  of  the  University  as  teachers  and  lecturers,  without 
charge  to  the  University  or  the  state  of  Michigan,  shall  be  forever  free 
and  exempt  from  taxation  in  any  form  under  the  laws  of  the  state  of 
Michigan.     (How.  2075;  C.  L.  3080.) 

PLAY-GROUND  ASSOCIATIONS;    WHO   MAY   FORM PURPOSES ARTICLES  OF  ASSO- 
CIATION, HOW   EXECUTED WHEREi  RECORDED. 

265.  Any  number  of  persons,  not  less  than  five,  who  shall  desire  to 
form  a  corporation  for  the  purpose  of  acquiring,  owning,  controlling, 
maintaining  and  improving  lands  for  the  purposes  of  parks,  ])]aygrounds. 
drives  and  boulevards,  or  any  one  or  more  of  such  purposes,  and  holding 
the  same  in  trust  for  any  one  or  more  municipal  corporations  of  this 
state,  may,  by  articles  of  agreement  in  writing  under  their  hands  and 
seals,  associate  for  such  purposes  under  a  name  to  be  assumed  by  them 
in  their  articles  of  association:  Provided.  That  no  two  corporations  shall 
assume  the  same  name.  Such  articles  of  association  shall  be  signed  by 
the  persons  associating  in  the  first  instance,  and  be  duly  acknowledged 
before  some  officer  authorized  by  the  laws  of  this  state  to  take  acknowl- 
edgments of  deeds,  and  shall  set  forth : 

A.  The  name  by  which  the  corporation  shall  be  known  in  law ; 

B.  The  purpose  or  purposes  for  which  the  corporation  is  formed ; 

0.  The  city,  village  or  township  where  the  office  of  the  corporation 
shall  be  located ; 

D.  The  municipality  or  municipalities  for  which  the  corporation  is 
to  hold  property  in  trust ; 

E.  The  names  of  those  incorporating  and  their  respective  residences; 
-     F.     The  number  of  directors  of  the  corporation. 

The  articles  of  association  shall  be  recorded  in  the  office  of  the  Secre- 
tary of  State,  and  in  the  office  of  the  county  clerk  of  the  county  where 
the' office  of  such  corporation  is  located.  (How.  0404-5-6;  Sec.  1-2-3,  P.  A. 
161,  1011.) 

SAME  ;    POWERS    OF    PLAYGROUND    CORPORATION    WHEN    ORGANIZED. 

266.  Upon  the  recording  of  such  articles  of  association,  the  persons 
who  have  signed  and  acknowledged  the  same,  their  associates  and  suc- 
cessors, shall  thereupon  become  a  body  politic  and  corporate  and  shall 
have  power: 

A.  To  sue  and  be  sued ; 

B.  To  appoint  and  employ  such  officers,  managers  and  agents  as  the 
affairs  of  the  cori)orati<m  may  require ; 

C.  To  make  rules  and  by-laws  for  the  regulation  and  management 
of  its  affairs,  and  alter  and  repeal  the  same; 

D.  To  acquire,  hold,  sell  and  convey  all  real  and  ])ersonal  property 
suitable  or  necessary  for  the  transaction  of  the  business  of  the  coi-pora- 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  93 

tion,  and  to  do  all  things  in  relation  thereto,  in  the  same  manner  and  to 
the  same  extent  as  a  natnral  person.  (How.  94G7;  Sec.  4,  F.  A.  1(>1. 
1911.) 

same;  shares  of  stock  or  pecuniary  profit  prohibited DIRECTORS,  TERMS 

OF  OFFICE,  DUTIES_,  ETC. 

267.  The  corporation  shall  not  have  any  shares  of  stock  or  be  for  pe- 
cuniary profit.  It  shall  have  not  less  than  five  directors  to  be  chosen 
annually  from  and  by  the  members  at  the  time  and  place  fixed  by  the  by- 
laws, tiiey  to  hold  office  for  one  year  and  until  their  successors  are 
elected.  The  directors  shall  manage  the  affairs  of  the  corporation. 
(How.  9168;  Sec.  5,  P.  A.  161,  1911.) 

same  ;    MEMBERS,    LIFE    AND    ANNUAL — DUES. 

268.  There  shall  be  two  classes  of  members,  life  and  annual.  Any 
person  may  become  a  life  member  by  paying  to  the  corporation  one  hun- 
dred dollars  or  more  in  cash,  or  donating  property  or  services  of  that 
value  which  the  corporation  is  willing  to  accept.  Any  person  over 
twenty-one  years  of  age  may  become  an  annual  member  by  the  payment 
of  one  dollar  or  more;  his  membership  to  terminate  if  he  fails  to  pay 
dues  for  any  year,  of  at  least  one  dollar,  before  the  election  of  directors 
for  the  ensuing  year.    (How.  9469;  Sec.  6,  P.  A.  161,  1911.) 

SAME  ;  GENERAL  POWERS  AND  PURPOSES CONDEMNATION  PROCEEDINGS. 

269.  Corporations  organized  under  this  act  shall  have  the  power  to 
govern,  manage,  control,  lay  out  and  improve  parks,  play-grounds,  boule- 
vards and  pleasure  drives  over  which  their  powers  and  jurisdiction  ex- 
tend, and  shall  have  the  right  to  purchase  and  by  voluntary  grants,  be- 
quests and  donations  to  receive,  take,  hold  and  use  all  such  lands  and 
other  property  as  may  be  necessary  for  carrying  out  their  purposes; 
and  if  any  such  corporation  sliall  at  any  time  be  unable  to  make  a 
reasonable  agreement  with  the  owners  of  land  needed  as  herein  pro- 
vided for  the  purchase  thereof,  or  with  any  railroad  company  as  to  cross- 
ing its  railroad,  or  with  any  municipal  corporation  as  to  crossing  or 
changing  highways,  streets  or  streams,  then  in  all  such  cases  upon  the 
vote  of  its  board  of  directors,  such  corporation  shall  have  the  power  to 
take  such  property,  wi.thin  the  limits  of  the  state  constitution,  as  it  may 
require  in  carrying  out  its  purposes,  and  may  bring  suit  therefor  in  any 
court  of  competent  jurisdiction,  and  the  laws  of  Michigan  jjroviding  for 
the  condemnation  of  lands  for  public  use  shall  govern  and  be  the  rule  of 
procedure  so  far  as  the  same  may  be  practicable  and  applicable  thereto. 
(How.  9470;  Sec.  7,  P.  A.  161,  1911.) 

same;    municipal   corporations    may   transfer   to    such    CORPORATIONS    IN 

TRUST    REAL    ESTATE    HELD    BY    THE    FORMER,    OR    MAY    APPROPRIATE 

MONEY  FOR  THE  USES  AND  PURPOSES  OF  SUCH  CORPORATION. 

270.  Any  municipal  corporation,  by  vote  of  its  governing  body,  may 
transfer  to  any  such  corporation  in  trust  as  hereinbefore  ju-ovided,  the 
management  and  control  of  any  real  property  held  by  it,  for  the  pui*pose 
of  laying  out,  maintaining  or  carrying  on  parks,  play-grounds,  boule- 


94  MICHIGAN    STATE    LIBRARY. 

vards  or  pleasure  drives,  and  may  by  like  vote  revoke  the  said  transfer 
to  such  corporation  and  re-vest  the  management  and  control  of  said  prop- 
erty in  its  own  oflScers,  at  anj^  time  it  shall  be  for  the  public  benefit  so 
to  do.  It  shall  be  lawful  for  any  such  municipal  corporation  to  ap- 
propriate, by  a  vote  of  its  common  council,  or  other  governing  body,  to 
any  such  corporation,  monevs  for  the  uses  and  purposes  of  such  corpora- 
tion.   (How.  9471-2;  Sec.  8-9,  P.  A.  161,  1911.) 

same;   all  lands  acquired   to  be    held   in   trust   for   public   PARKS;,   ETC., 
EXEMPT  FROM  TAXATION. 

271.  All  lands  acquired  by  any  corporation  organized  under  this  act 
or  subject  to  its  control  and  management  shall  be  held  in  trust  as  afore- 
said for  public  parks,  play-grounds,  boulevards  and  pleasure  drives  for 
the  recreation,  health,  welfare  and  benefit  of  the  public,  and  shall  be 
free  to  all  persons,  subject  to  such  necessary  and  reasonable  rules  and 
regulations  as  shall  from  time  to  time  be  adopted  for  the  well-ordering 
and  government  thereof.  And  all  such  lands  and  personal  property  so 
held  in  trust  for  such  purposes  shall  be  exempt  from  taxation.  (How. 
9473;  Sec.  10,  P.  A.  161,  1911.) 

same;   when   trustees   ad   interim    may    be   APPOINTED   BY   THE  COURT. 

272.  If  any  corporation  organized  under  this  act  shall  at  any  time 
fail,  from  any  cause,  to  perform  the  duties  of  trustee  as  herein  provided, 
and  by  reason  of  such  failure  injury  may  result  to  any  of  the  drives, 
parks,  playgrounds,  boulevards  or  other  property  held  by  such  corpo- 
ration as  trustee,  or  shall  make  unreasonable  rules  and  regulations  re- 
garding the  same,  or  do  other  acts  to  the  permanent  injui-y  of  the  public, 
then  upon  petition  to  the  circuit  court  in  chancery  of  the  county  in  which 
said  corporation  shall  be  located  of  any  five  citizens  and  freeholders  resid- 
ing within  said  county,  said  court  may,  upon  notice  to  such  corporation, 
appoint  a  day  for  hearing  said  petition,  and  if,  upon  such  hearing,  it 
shall  appear  that  damage  has  resulted  to,  or  is  likely  to  result  to,  the 
public  or  to  any  of  the  property  held  by  such  corporation,  said  court 
may  appoint  such  number  of  trustees  ad  interim  as  shall  be  deemed  neces- 
sary to  protect  the  interests  of  the  public  in  said  trust,  until  such  time 
as  the  disability  of  said  corporation  as  trustee  shall  have  been  removed. 
(How.  9474;  Sec.  11,  P.  A.  161,  1911.) 

same;    upon   failure  to   have   members,   if   TRUSTEES   AD    INTERIM    NOT  AP- 
POINTED, TITLE  TO  PROPERTY  HELD  IN  TRUST  VESTS  IN  THE  MUNICIPALITY. 

273.  If  any  such  corporation  fail  at  any  time  to  have  members  and 
no  trustees  ad  interim  shall  have  been  appointed,  then  until  such  time  as 
the  disability  of  such  corporation  as  trustee  shall  have  been  removed,  the 
title  to  the  property  thus  held  in  trust  shall  vest  in  the  municipality  or 
municipalities  for  which  the  corporation  has  held  the  same  in  trust. 
(How.  9475;  Sec.  12,  P.  A.  161,  1911.) 

SCHOOL  HOUSES  TO  BE  OPEOSfED  FOR  PUBLIC  MEETINGS RECREATIONAL  CENTERS. 

274.  The  district  school  board  shall  have  the  care  and  custody  of 
the  school  house  and  other  property  of  the  district,  except  so  far  as  the 
same  shall,  by  vote  of  the  district,  be  especially  confined  to  the  custody 


LAWS  OF  MICHIGAN  RELATING  TO  WOMEN.  95 

of  the  director,  and  shall  open  the  school  house  for  public  meetings  un- 
less by  a  vote  at  the  district  meeting  it  should  be  determined  otherwise: 
Pr&mded,  That  said  board  may  exclude  such  public  meetings  during  the 
five  school  days  of  each  week  of  any  and  all  school  terms,  or  such  parts 
thereof  as  in  their  discretion  thev  mav  deem  for  the  best  interest  of  the 
schools.    (How.  9900;  P.  A.  146,  1901.) 

PUBLIC   CONVENIENCE    STATIONS. 

275.  It  shall  be  the  duty  of  the  common  council  of  any  city  in  this 
state,  and  of  the  board  of  trustees  of  any  incorporated  village,  to  cause 
to  be  constructed  and  maintained  in  such  village  or  city  not  less  than 
one  public  closet,  commonly  known  and  designated  as  a  public  con- 
venience station,  in  such  place  or  places  as  directed  by  the  local  board 
of  health.  Such  closets  or  public  convenience  stations  shall  have  thereon 
the  proper  signs  and  be  so  placed  as  directed  by  the  local  board  of  health 
as  to  be  easily  accessible  from  the  business  district  or  districts  of  such 
city  or  village,  and  shall  be  maintained  in  a  sanitary  manner  under  the 
supervision  of  the  local  board  of  health.  Suitable  and  adequate  accom- 
modations shall  be  afforded  at  such  public  convenience  stations  to  the 
members  of  both  sexes.  Any  person  destroying,  mutilating,  injuring,  de- 
spoiling or  abusing  the  property  or  any  part  thereof  included  within  a 
public  convenience  station  as  provided  herein,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  more  than  fifty  dollars,  or  imprisonment  in  the  county  jail  for  a 
period  of  not  more  than  sixty  days,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court.    (P.  A.  285,  1915.) 

teachers'  institute  fees WHEN   COLLECTED AMOUNT. 

276.  All  boards  or  officers,  authorized  by  law  to  examine  applicants 
for  certificates  of  qualification  as  teachers,  shall  collect  at  the  time  of 
examination  from  each  male  applicant  for  a  certificate  an  annual  fee  of 
one  dollar,  and  from  each  female  applicant  for  a  certificate  an  annual  fee 
of  fifty  cents,  and  the  director  and  secretary  of  any  school  board  that 
shall  employ  any  teacher  who  has  not  paid  the  fee  hereinbefore  pro- 
vided, shalf  collect,  at  the  time  of  making  contract,  from  each  male 
teacher  so  employed,  an  annual  fee  of  one  dollar,  and  from  each  female 
teacher  so  employed,  an  annual  fee  of  fifty  cents.  All  persons  paying  a 
fee  as  required  by  this  section  shall  be  given  a  receipt  for  the  same,  and 
no  person  shall  be  required  to  pay  said  fee  more  than  once  in  any  school 
year.    (How.  10141;  C.  L.  4839.)  ' 

WOMEN'S    STUDY    CLUBS;    REGISTRATION    IN    STATE    LIBRARY. 

277.  Women's  clubs,  organized  for  the  purpose  of  study,  and  having 
regularly  elected  officers,  may  become  registered  in  the  Michigan  State 
Library  and  be  entitled  to  all  the  privileges  hereinafter  enumerated. 
Clubs  applying  for  registration  must  furnish  the  State  Librarian  with 
the  names  of  its  officers,  its  rules,  and  a  copy  of  its  program.  It  shall 
be  the  duty  of  the  State  Librarian  to  furnish  the  club  with  a  certificate 
of  registration  and  a  copy  of  the  rules  which  will  govern  transactions 
between  the  club  and  the  State  Library.     (How.  65.3 ;  P.  A.  38,  1901.) 


96  MICHIGAN    STATE    LIBRARY. 

SAME  ;  MAY  SECURE  BOOKS  FROM  STATE  LIBRARY. 

278.  Under  such  reasonable  rules  as  may  be  prescribed  therefor, 
registered  clubs  shall  be  entitled  to  receive  from  the  State  Library  a 
book  or  collection  of  books  to  be  kept  for  a  limited  time,  excepting  refer- 
ence books  and  those  which  on  account  of  their  value  and  rarity  cannot 
be  taken  from  the  library.  When  a  collection  of  books  called  a  special 
traveling  library  shall  be  sent,  the  regular  traveling  library  fee  shall  be 
paid.  If  one  or  several  books  shall  be  sent  for  a  limited  time  by  ex- 
press, the  user  of  the  books  shall  pav  all  charges.  (How.  654;  P.  A.  38, 
1901.) 


INDEX 


13 


INDEX. 


References  are  to  sections. 

ABATEMENT :  Sections. 

Injunction    and    abatoniciit    act 203-200 

ADOPTION:                                                                                                             ^u.i  zuu 

Who   inherits    from    adopted    child    129 

Whose   consent   necessary   to   adoption   of  minor    255 

Articles  of  adoption    ' 256 

Order  of  probate  judge    257 

Adopted  child  inherits   from  adopting  parents    257 

AGENCY : 

For  married   woman    61 

ALIMONY  : 

Upon  decree  for  divorce    37 

When  court  may  modify  decree 38 

Decree  for  alimony  without  divorce    39 

Temporary    alimony    41 

Suit  on  decree  for  alimony  rendered  in  another  state 42 

When  wife  may  petition  for  in  case  of  desertion 152 

ALLOW^ANCES  : 

Specific  articles    to   widow   under   statute   of  distribution    123-A 

Maintenance  of  widow  and  children  pending  settlement  of  estate    123-B,  134 

Maintenance  of   children   until   ten  years  of  age   when  left  with   no   mother 

or    mother    insane     ]  23-C 

Support   and  maintenance  of  wife  and  minor  children  in  case  of  desertion  154 

Allowance   for  wife  and  children  of  person  imprisoned  for  desertion    192 

Mothers'  pensions    230 

Aid   to  poor  families  to  enable  children  to  attend  school    237 

APPRENTICES: 

Who   may   be  bound,   how    bound,   consent    necessary    252 

Father  may  assign  contract  for  services  of  child,   illlegitimate  child,  duties 

of  benevolent   and   reformative   institutions 253 

ATTORNEYS : 

Women   may  be   admitted   to   practice  law 15 

BASTARDY : 

See   Illegitimate   Children. 

BUILDING  AND  LOAN   ASSOCIATIONS: 

Wife  may  subscribe  or  husband   and  wife  may  subscribe   jointly    79 

Shares  up  to  $1,000  par   value    exempt   from    execution    140 

BURIAL  : 

Of  army  nurses  and  wives  and  widows  of  certain  honorably  discharged  sol- 
diers,   sailors  and    marines   at   public   expense    2C0-263 

CHASTITY : 

Words    imputing   want   of,   constitute   slander    223 

Offenses   against   chastity,   see  Criminal    Offenses. 

CHILDREN : 

Care  and  custody  of,  in   case  of  separation   or   divorce  of  parents 3G,  155 

When   issue   of  void  marriages  legitimate    31-A 

Employment   of,   hours,   prohibited    work,    etc 209-210 

Sale  of  liquor  to,   resulting  injury,  damages    220-222 

Illegitimate   children,    maintenance  of 224-227 

Dependent  or  neglected,  mothers'   pension    236 

Aid  to  poor  families   to  enable  children  to  attend   school    237 

Apprentices     252-253 

Care  and   custody   of  minor   in  case  of  appointment   of  guardian   of   estate  254 

Adoption  and  change  of  name  of  minor    255-257 

CITIZENSHIP: 

Unmarried  women    1 

Married   women    ^ 

American    women    marrying    foreigners 3 

Foreign    women    marrying    citizens     4 

CLUBS  AND  SOCIETIES:  ooq  oao 

Women's    clubs     o^5  of  ^ 

Woman's    relief    corps    oIo'oaq 

Suffrage   associations ol^o-? 

Colonial    dames    250-2ol 

COLONIAL  DAMES:  „. 

Incorporation,    articles   of   association    ^ov 

Powers  and  duties    ^•'^ 

14 


lOU  INDEX. 

>  ON'IKACTS  OF   MARRIKD  WOMAN:  Sections. 

With   reference   to   lier   separate   property    50 

Made    in   contemplation    of   marriage    54 

When  wife  may  contract  with  no  disability   55 

lOxtent  of  wife's  power  to  contract    5G 

Contracts  between  husband   and   wife    57 

Affecting    interest    in   real    property    58 

Promissory  notes   59 

Suretyship     60 

Agency    Gl 

Partnership    02 

('i)XVENIKNCE   STATIONS: 

Public  convenience  stations  in  cities  and  villages  of  Michigan   275 

CONVEYANCES: 

Capacity   of  wife  to  convey  her  separate  property    50 

Trustee  may  convey  to  married  woman    51 

By   wife   affecting   her   intei-est  in  real  property    58 

Husband  and   wife  jointly,  estates  by  entireties    72 

By  wife,  how  made 76-77 

By  non-resident  wife  and  husband    78 

CPilMINAL   OFFENSES  : 

Bigamy     45 

Polygamy     184 

Soliciting  to  a  polygamous  life  or  teaching  polygamy    185 

Marrying  inmate  of  Industrial  Home  for  Girls  or  assisting  inmate  to  escape  165 

Rape     171 

Assault  with  intent  to  commit  rape  1 '^ 

Felonious    assault     173 

Carnal  knowledge  of  female  patients  of  certain  state  institutions 174 

Intercourse   induced   by   representations  of  person   giving  medical   treatment 

to  female 1 J5 

Abduction  and  enforced  marriage  or  defilement    1  <  o 

Abduction  with  intent  to  force  marriage  or  to  defile    177 

Enticing   or   taking  away    female    under   sixteen   years  of   age  for   marriage 

or  prostitution    1J8 

Abortion  or  attempt,  death  of  mother  or  child 1'9 

Concealment    of    death    of    issue    which,    if    born    alive,    would    have    been 

a  bastard    1|0 

Adultery    lol 

Lewd    and    lascivious    cohabitation    1°^ 

Indecent  exposure    1°^ 

Incest     1°^ 

Seduction   l°g 

Obscene  language  in  presence  or  hearing  of  woman  or  child    l»8 

Debauching  boys  under  age   of  fifteen  years    1°^ 

Desertion  after  marriage  to  escape  prosecution    U" 

Desertion  of   wife   or   minor   children  under  fifteen  without   necessary   pro- 
visions        1QQ 

Truancy,  disorderly  girls    !''•* 

Keeping    house    of    ill-fame    or    inducing    woman    to    enter    for    purpose    of 

prostitution    1^4 

Letting  house,  knowing  it  to  be  used  for  purpose  of  prostitution    195 

Conveying  to  or  employing  in  house  of  ill-fame  female  of  seventeen  or  under  19b 

Pandering 197 


Placing   or   leaving   wife    in   house   of   prostitution,    or    inducinjg   another 
do    so    or    to   practice   prostitution 


^ ^ _    ^ _    198 

Receiving" or    sharing   in  'proceeds   of   prostitution    199 

Detaining  inmate   of  house   of   prostitution   for  debt    ^00 

Transportation   of  female  for  purpose  of  prostitution    2.0i 

Houses    of    ill-fame    declared    nuisances,    abatement    JU^-2Ub 

DESCENT   AND    DISTRIBUTION: 

Real  property    ■ J^Y 

Provision   for   widow   in  lieu  of  dower  and  homestead   right    i^i 

When  lands  escheat  to  the  state    1^^ 

Personal  property    .,  „_  ^^% 

Illegitimate    child    1 07 

Legitimation  of  illegitimate  child    I5' 

Degrees  of  kindred    j$° 

Adopted   children,    who   inherits    from ^t^ 

Adopted   children   inherit   from   adopting   parents    ^^J^ 

Bigamous    wife    or    husband    cannot   inherit    l^" 

DESERTION:  .,.„ 

When  wife  may  petition  for  alimony    •  ■  i?^ 

Court  mav  enjoin  disposal  of  property  by  husband  or  may  order  same   sold  lo^ 

Maintenance    and    support  of   wife   and   children    ion 

After   marriage   to   escape   prosecution    .  .  . ... ........  .  .  ... .... •  •  i»u 

Of   wife   and   minor  children   without   providing  food,    clothing,    shelter,   etc.  191-19.i 

DETROIT  HOUSE  OF  CORRECTION  :                 ,     ,        ,  ikqira 

What  female  offenders  may   be  sentenced   thereto    io»-id'j 

DIVORCE :                                                        ...  OS  Qrt 

Causes  for  divorce  from  bonds  of  matrimony    "  '  oa 

Causes   for  divorce  from  bed  and  board    i^ 

Marriages   void    without   decree ^^ 

When  suit  may  be  brought  to  annul  or  affirm   a  marriage    ^^ 

Residence    of    parties,    jurisdiction     %^ 

Collusion,  same  offense  by   complainant    o4 

Physical    incapacitv,   suit   within   two   years    *>»> 


INDEX.  101 

DIVORCE— Con.  Sections. 

Care  and  custody   of   minor  children    30 

Alimony     ." .T7-4(» 

Payment    by    husband    of   sums    necessary    to    pi'<)S('cu(o    suit    m-    tcinimijny 

alimony    '.  41 

Dower  and   other  property   settlements   to   be   included   in   decrep    4:: 

Revocation  of  decree  of  divorce   from   bed   and  board    44 

rrohibition   of   remarriage   within   certain   time    4.'> 

Restoration   or   change   of   name    4(\ 

Restraint  of  personal   liberty  of  wife  by  husband  may  be  prohibited    47 

Pardon   to  party    imprisoned    does   not   restore   conjugal  rights    48 

DOMICILE  : 

Husband   has   right   to   choose   for   family    07 

DORMITORY : 

At   Michigan    Soldiers'    Home    2.^!i 

DOWER  : 

Settlement   of.   to  be   included    in  decree   of   divf)r<;e    4.'? 

Nature    and    quality   of   dower    ;  .  .j.'.,.  J  .j.'. .  .» ,.»,  .>.'.>.  .  .  80 

Possibility    of.    before    husband's   death    »  .  I.l\>  ...  .*.."' i  .  .>.!.>.  ...  81 

Exchange   of  lands  by  husband .  .'.'.  .'..!.'..  .'.  .* '.''.».....  82 

Lands   mortgaged   before   marriage    ,».'.»...,..,..  ».,.,.,.  •,••»,••» ^'^ 

Lands  mortgaged  for  purchase  money    ....... .,'.  \.  i . .  .•.».,.  ,*. .;.»  .;.  .»  .i.l .,',  84 

After    sale    on    mortgage    ;.:».'.»  J,,  J. J.  ....,.>. J\.  .;'..',.?  .v..»  8.". 

After    payment    of    mortgage    by    interested    party    86 

Lands  aliened  by  husband  in  his  lifetime — valuation  of  dower    87 

Assignment  by  probate   court    88 

When  dower  may   be  assigned  or  recovered    80 

How    assigned,    costs    90 

When   widow  entitled  to  dower  may  occupy  lands    '.'I 

How   barred    02 

Election   to   take  dower   instead   of  other   provision    o:', 

What    lands   affected  by    such   election    04 

When  dower   may  be  assigned  anew    •'•" 

Rights  of  alien  and   non-resident  widows    00 

Liability   of    tenant    in   dower   for    waste    07 

Damages   for  withholding  dower    00-101 

Fraudulent  or  collusive  recovery    1  f>' 

Inchoate   dower  of  insane  wife,  how  barred    10.'i-107 

Of  infant   married   woman,  how  barred    ]08 

Awai'd  of  money  in  lieu  of  dower  in   lands  aliened  by   husband   in  his  life- 
time     ■ 109 

In  lands  of  husband  under  guardianship   11" 

Payment  of  gross  sum  or  investment  of  reasonable  sum  for  release  of  dower 

in  lands  of  incompetent  husband ill 

Claim   of  dower  by   two  or  more   widows    '  1  ■;^ 

Drainage   right   of  way,   release   of   dower   not   necessary    II'' 

Partition.    See    Chapter    VIII,    Section    114    et   seq. 

Election    between    dower   and    homestead    rights   and    pi-ovisimi    under    stat- 
ute of  descent    1  - ' 

EARNINGS :  ,.., 

Wife's  right  to  her  earnings ''•• 

ELECTION :  „„ 

Between  dower  and  other  provisions    ;'•; 

Effect    of  election    ■  •  ■ -7 

Between   dower  and   homestead   rights  and   share   under   statute    of  descent        ^..^izl 
Between   provisions  in   will   and   share  under   statute  of   distribution l.i^-l.i.i 

ELECTIONS  : 

See   Suffrage.  Registration  . 

EMl'LOY:\rENT   OF   WOMEN   AND   CHILDREN: 

Power   of    legislature    to    regulate    -;;^, 

Hours   of   labor 


Employment   of   children 


200-210 


Hand 'rails    on    stairways,    screens    for    stairways    where    females    employed  -11 

Wash    and    dressing    rooms,    closets,    sleeping   quarters    for    hotel    employes.  ^ 

railway  cars  u.seij  as  quarters  for  construction  crews   -I- 

Pactory  ' inspectors,    who    are    ^ ^-  •  w: "    ' 

Sweat-shops,    manufacture   of   clothing,    etc.,   in   tenement   or   dwelling,    per- 

mit,  airspace ^..  r 

Seats  for  females • ^|; 

Employment  of  females  where  liquor   sold -^  ' 

ESTATES  BY  ENTIRETIES:  7„ 

Conveyance   to  husband  and  wife    ^1  = 

Mechanics'    liens    on    

I'NT'^ AtPTTONS  * 

Personal' propertv  of  decedent   exempt   from   pnymenl    of  debis  and  allowed     ^     .  ,,,  r, 

to   widow    and    children 140 

Personal   property   exempt    from  execution    141-147 

Homestead     ■ 144 

Taxation,    when     homesteads    exempt 

Inheritance  tax.   exemptions  for  widows  and  other  relatives    ^-*^ 

Women  exempt    from    imprisonment    in  civil   action    ••  i- •.;■•  Vr,-:  :,•.••:,,:■  ;,f 

Tax    exemption    of    Women's    Auxiliary    Association    of    the    lnn.-iMi.\     ot  ^^^ 

Propertv  of  niav-'groiind  associations  exempt  from   taxation   "'1 

FACTORY  INSPECTORS  :  i,j 

At  least  two  deputies  must  be  women 


102 


INDEX. 


GUARDIAN    AND   WARD  : 

Consent  necessary  to  marriage  of  female  under  eiKhtecn  years  of  age 

Guardianship  of  female  under  twenty-one  terminated  as  to  person  by  mar- 
riage    

Guardian  of  estate  of  insane  married  woman    

Guardian  of  estate  of  insane  married  woman  to  bar  inchoate  dower 

Guardian  of  estate  of  infant  married  woman  in  partition  sale  of  lands  be- 
longing to  such  infant  married  woman   

Guardian  of  estate  of  minor,  when  to  have  custody  and  care  of  education 

of  ward   

HOMESTEAD : 

Election    by    widow    between    dower    and    homestead    rights    and    provisions 
under   statute    of   descent    

Quantity   and   value   exempt    

In   what  property   right   may  exist    

Disposition   or   forfeiture  of    

When  exempt  from  taxation   .  .  . .' 

Sale  on   ie.vy  or  eseaution   fv.hen ; homestead  exceeds  fifteen   hundred   dollars 
in  value'  ....;,...'....' 

Sale  to  pay  debts   of  deceased  owner  when   homestead   exceeds  fifteen  hun- 
dred djollars  in   yahie    •■••.••, 

MechaBi(;-s'  .lienp,,  on  •ho.ii/^ste'acip  - 

HOUSE  OF  THE  GOOD  SHEPIIT.KD  OF  DETROIT  : 

What  girls  may  be  sentenced  thereto,  release    

HUSBAND : 

Not  liable  on  contract  by  wife  in  relation  to  her  sole  property   

Cannot  be  sued  for   wife's  torts    

Entitled  to  services  of   wife  and   bound  to  support  her   

Not  liable  for  wife's   torts    , 

Not   liable   for   wifes   prenupital   debts    

Has    right   to    choose    family   domicile    

Bigamous   husband   or  wife  cannot   inherit   from   spouse    

Witness    for  or    against   wife    

ILLEGITIMATE   CHILDREN  : 

From  whom  thev  inherit  and  who  inherits  from    

Legitimation    of     . 

Support   and   maintenance  of    

Mother  proper  person  to  consent   to  bind  as  an  apprentice   

IMPRISONMENT  : 

Women  exemnt   from,   in   civil   actions    

IXDT^STRIAL  HOME   FOR  GIRLS: 

One   member   of  hoard    must   lie   a   woman 

Management   and  control  of    

What  girls  may  be  sentenced  thereto   

Release,   indenture  or   parole  of   inmates    

Removal    of   incorrigibles,    etc.,    to    other    institutions 

Aiding    inmates    to    escape    or    marrying    inmntes    without    consent    of    an 
i  horities     

Record    of   inmates    

Agent   of,    duties    

IN.T  UNCTION: 

Iniunction    and    abatement    act 

INSURANCE: 

Wife  may  insure  life  of  husband  or  other  person    

INTOXICATING    LIQUOR  : 

Unlawful   to  sell  when  forbidden  by  wife,  mother,   etc..  of   purchaser 

Who  may  recover  damages  for  injury  resulting  from   sale  of  liquor    

LABOR : 

See  Employment  of  Women  and  Children. 
LIBEL : 

Giving  publicitv  to  license  for  or  marriage  to  protect  reputation    

LIBRARY   BOOKS: 

How    secured    by    women's    clubs 

LICENSE  : 

Requirements    for    marriage    license    

For  marriage  to  protect  reputation 

MAINTENANCE : 

See   Support   and   Maintenance,   Allowances. 
MARRIAGE  : 

Age  of  parties,   consent  necessary    

Prohibited   degrees   of   relationship    

Legal    impediment,    spouse    living 

Physical  and  mental  competency  of   parties    

License     

Solemnization  of   

Solemnized   outside   this   state    

Common  law  marriage   

To  protect   reputation    

When  void  without  decree  of  divorce   

When   suit  may  be  brought  to  annul   or   affirm    

Prohibited  within   specified  time   in   decree  for   divorce    

Terminates  guardianship  as  to  the  person  of  a   female  ward  under  twenty- 
one   years   of   age 

Of    inniate   of   Industrial    Home   for   Girls    

MARRIED  WOMEN: 

Citizenship    of    

Naturalization    of    

See  also  Wife. 


Sections. 

74 

](»5-107 

11:1 

2.54 


121 
141 
142 
143 
144 


140 

147 


67 

1.80 

150-151 

125-1 2fi 

127 

224-227 


140 

10.  101 
101 
102 
1 0.-. 
10  1 

1  0."> 
100 
107 

20.3-200 

73 

220 


74 
165 


3 
2,5 


INDEX. 


103 


MATERNITY  HOSPITALS:  Sections. 

License    for,    records,    disclosure    prohibited     228-230 

MEDICAL   AND    SURGICAL   TREATMENT: 

Of    poor    persons    and    pre.i^nant    women    2.'?2-2.''.'l 

rropliylaxis  for  and  treat uicnt  of  eyes  of  newly  born  infanis    2.''.r> 

MINORS : 

See  Children. 

MOTHERS'   I'ENSIONS  : 

Dependent    or    neglected    children     2.'?r. 

NAME  : 

Adoption  and  change  of  name  of  minor  child    2'>'t  2'>7 

Change  of  name  of   adult    2.">8 

Restoration  or  change,   in  decree  of  divorce   40 

NATURALIZATION  : 

Unmarried    women     1 

Wife  and  minor  children  of  alien  who  becomes  insane    "> 

Widow   and   minor   children   when   alien   dies   after   declaration   of   intention  f! 

NECESSARIES : 

Husband   bound   to  provide    04 

NEGLIGENT    INJURY    OR    DEATH  : 

Impediment  to  marriage  no  bar  to  action  by  innocent  party  or  issue    71 

NOTARY   PUBLIC  : 

Women    may    be   appointed    10 

NUISANCES  : 

Houses    of   ill-fame,    abatement 20.3-200 

OFFICE   HOLDING: 

Women  not  eligible  to  hold  elective  offices  except    in  school  districts lo 

Notary   public,   deputy   factory   inspectors,   investigators   for   State   Board   of 
Corrections  and  Charities,  board  in  control  of  Industrial   Home  for  Girls, 

women  physicians  in   state  institutions    • 10 

PANDERING  : 

Pandering   act    1  .'>7-202 

PARTITION  : 

Dower  in  land  ordered  sold,  agreement  with  widow   114 

Same,    without   consent   of  widow    115 

Dower   in  undivided    share   of  realty    „  ^ '  ^' 

Inchoate   dower    117-118 

Lands  belonging   to   infant    married   woman    11!* 

PARTNERSHIP: 

Extent  of   power  of  married   woman   to  enter    02 

PENAL  AND  REFORMATORY  INSTITUTIONS: 

House   of  the  Good   Shepherd  of  Detroit    l->7 

Detroit   House   of   Correction    1  r>S-100 

State  Industrial  Home    for  Girls    1 01-1 07 

Separate  station  houses  or  departments   for  women  prisoners    108-170 

PENSIONS:  .      ^,^ 

Allowance  for  wife  and   children   of  person  imprisoned   for  doserlioii 1.50.  l.>2 

Mothers'    pensions     -•'''*' 

Aid  to  poor  families  to  enable  children  to  attend  school    2:{7 

PHYSICIANS:  ^      „;,„ 

Women    physicians    in    certain    state- institutions 10.219 

PLAY-GROUND    ASSOCIATIONS  : 

Formation,    purposes,    membership,    regulation    20;>-2(.. 

POLICE   MATRONS:  .  ^„  i  ,n 

Anpointment  of  women  as,    residence,  duties,  etc lb.)-] 70 

PRISONERS:  .      ,    . 

Separate   station   houses    or   departments    for    women    prisoners    required    in  _^ 

certain    cities    1"" 

PROMISSORY  NOTES : 

Of    married    women     '•'•^ 

PROSTITUTION  : 

See  specific   offenses  under  Criminal   Offenses. 

PROTECTION  OF  FEMALES  : 

Labor,   see    Employment   of   Women  and   Children.  ^ 

Female   patients  en  route  to  asylum   or  Home    -]jj 

Women   physicians   in    state   institutions    .,^     -l,;; 

Intoxicating  liquor,   sale   when    forbidden    -~    ",T, 

Slander,  words  imputing  want  of  chastity __^_     -_-•_■ 

Support   and   maintenance  of   illegitimate   children    ."r.o'.'.o ! 

Maternity   hospitals    .ir;'!;  ."'.' 

Medical  and  surgical  treatment  of  poor  persons  and  pregnant  women    -'-  o-V, 

Dormitory    at   Michigan   Soldiers'    Home    ............  -;j.» 

Burial   of  bodies   of   army   nurses   and   of  wives   or   widows   of  certani    lum-  ^        , 

orablv   discharged    soldiers,    sailors   or   marines    _(><»-_()., 

QUARANTINE:  „o 

AVidow    mav   remain    in    dwelling-house    one   year •"' 

RECREATIONAL'  CENTERS  :  „  ,      ,    „ 

See    PlavGround    Associations,    also    School   Houses. 

REGISTRATION:  .f. 

School   elections    J,, 

School  primaries   t~ 

'     Certain  city  school  districts    •' 

School  elections   in  Detroit    ^^' 


104  INDEX. 

BBGISTRATION— Con.  Sections. 

For  voting   on   oxpendiliire  of   public  money   or   tlie   issue   of  bonds    11 

Summary    14 

SCHOOL    HOUSES : 

To  be  opened  for  public  meetings    274 

SEDUCTION  : 

Civil    action   for   damages    187 

Criminal    offen.se     186 

SERVICES  AND  SUPrORT  : 

Husband  entitled  to  wife's  services  and  bound  to  support  her. 64 

SETTLEMENT  OP  ESTATES  : 

Who    entitled  to  administer  estate    124 

Limitations  on   the  sale  of  the  estate  of  a  deceased  person  to  pay  debts.  .  .  134 

Of    limited    value    136-131) 

Family  not   to  be  needlessly  disturbed    • 135 

When   homestead    may   be   sold   to   pay  debts  of   deceased  person    146 

SLANDER : 

Words   imputing   want   of  chastity    223 

SUFFRAGE : 

General  elections    7 

Direct  expenditure   of  public  money   or  the    issue  of   bonds    « 

Acquisition   by    city   or    village  of   public   utility   or   grant   of   public   utility 

franchise  not   revocable    9 

School    elections   '. 10 

SUFFRAGE  ASSOCIATIONS  : 

Incorporation,  powers  and  duties,  officers    248-249 

SUPPORT  AND  MAINTENANCE : 

Of  widow  and  children  of  decedent    123-B  to  D,  134 

Of  wife  and  children    in  case  of  desertion    154,  102 

Of    illegitimate    children     224-227 

SURETYSHIP: 

Extent  to  which  married  woman  may  bind  herself  by  contracts  of (10 

TAXATION  : 

When    women    may    vote    on    propositions    involving    direct    expenditure    of 

public   money   or   issue   of  bonds    8 

Homesteads,   when   exempt   from    1 44 

Inheritance  tax.   exemption   for  widows  and  others   148 

Exemption  of  Women's  Auxiliary  Association  of  the  University  or  Michigan  204 

Property  held  by   play-ground  associations  exempt    271 

TEACHERS : 

Fees  required   annually   of  public  school   teachers    276 

TORTS : 

Who  may  be  sued  for  torts  by  married  woman    53 

Husband   not   liable   for    wife's    torts    - 63 

WIFE  : 

Married    woman's    act    40 

Conveyance  of.   or  contracting  with   reference  to.   wife's   separate    property  .j" 

Trustee  for  married   woman  may  convey  to  her    ■'•I 

When   wife  may   sue  or   be  sued  alone    52-53 

When    married    woman   may   contract   with    no  disability    55 

Gpiiernl    powei-    of    married    woman    to    contract    .' 56 

Contracts  and   conveyances   by  wife   affecting  her  interests  in  real   property  5S 

Contracts   with    husband    57 

Promissory    notes    '<'■* 

Contracts    of   suretyship    00 

Agency     01 

Partnership     <>2 

Wife's   earnings    03 

Services  and   support  of 64 

Necessaries,   Inisliand   liable   to   provide  but   wife  may   be   bound   bv   her  con- 
tract   to    nnicliase     64 

Torts    bv    will'.    Inishaiid    not    liable 65 

Debts.   prrniip1i:il.    liusbaiul    not   liable 06 

When    wife    niii.\-    sue    alone,    specific    cases    69 

When  wife   iiia,\-   be  sued  alone,   snecific  cases    70 

Wife   may   insiiii'    life  of  husband  or  other  person    73 

Insane  wife,  j^iiardian  of  (\s(ate    75 

Conveyance   of    Innds.    wife's   deed,    how   executed    76-77 

Non-resident    wife    ioiiiinij:   bnshaiid    in    conveyance    78 

Building    and    loan    associations 70 

Dower,  see  Chapter  VII.   Section  SO  et  seq. 

Bigamous    wife   or   liusband    cannot    inherit    from    spouse    130 

Witness  for  or  against   husband    150-151 

May  forbid  sale  of  liquor  to  husband  or  child 220 

May  recover  for  injury  resulting  from  sale  of  liquor  to  husband,  child,  etc.         221-222 

WILLS  : 

Revocation  by  marriage  and  birth  of  issue   or  by  divorce  and  settlement  of 

property    rights    68 

rapacity  of   women  to  execute  wills 131 

T>imitations  on  power  of  husband  to  dispose  of  his  propert.v  b.v   will    93. 132 

Widow's    election    between    provision    in    will    and    share    niider    statute    of 

distribution 133 


INDEX.  105 

WITNESSES :  Sections. 

Husband  and   wife  for  or  against  each  other   ISO-lol 

Prosecutions  for  physical  or  nieiitnl   incapacity  to  contract  marriage 20 

Trosecutlon   of  husband   for  desertion 190 

In  action  by  wife  for  injury  resulting  from  sale  of  liquor,  husband  may  not 

testify    without    wife's    consent    221 

WOMAN'S  RELIEF  CORPS: 

Incorporation,   powers  and  duties    244-245 

Suliordinate  corps,  institution,  incorporation 240-247 

WOMEN'S    CLUBS: 

Organization,   for  what  purpose,    name    238 

Articles  of  association    239 

State   corporations    and   federations    240 

Powers,    duties,    annual    report 242 

Club  Incorporated  under  other  laws  may  reincorporate  under  Ihis  act    ....  24.3 

Registration   in,   and   loan   of  books  from,   state   library 277 


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